Sri Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85062 of 2024 Arising Out of PS. Case No.-307 Year-2024 Thana- KARAKAT District- Rohtas ====================================================== 1.
Sri Singh Son of Late Thakur Dayal Singh Resident of Village-Sahari, Police Station- Karakat, District-Rohtas at Sasaram. 2.
Ram Pravesh Singh Son of Late Thakur Dayal Singh Resident of VillageSahari, Police Station- Karakat, District-Rohtas at Sasaram. 3.
Ashok Singh @ Ashok Kumar Singh Son of Late Ramji Singh Resident of Village-Sahari, Police Station- Karakat, District-Rohtas at Sasaram. 4.
Mutur Singh @ Mutur Kumar Singh @ Matru Singh Son of Ram Pravesh Singh Resident of Village-Sahari, Police Station- Karakat, District-Rohtas at Sasaram.
5.
Kishor Singh @ Kishor Singh Yadav @ Kishor Yadav Son of Late Ramji Singh Resident of Village-Sahari, Police Station- Karakat, District-Rohtas at Sasaram.
6.
Jagu Singh @ Jagu Kumar Son of Late Ramji Singh Resident of VillageSahari, Police Station- Karakat, District-Rohtas at Sasaram. ... ... Petitioner/s
Versus
THE STATE OF BIHAR THE ADVOCATE GENERAL OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raghunandan Kumar Singh For the Opposite Party/s :
Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-01-2025
1. Heard the parties.
2. The petitioners apprehend their arrest in connection with Karakat P.S. Case No. 307 of 2024 dated 11.06.2024 registered under Sections 147, 148, 149, 341, 323, 325, 307, 379, 504 of the I.P.C.
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3. As per the prosecution case on 10.06.2024 in the night Lali Singh called the informant to his house for some work where petitioners along with other accused were also present. The petitioners and others started abusing the informant and upon protest being made, all the accused persons, fifteen in number, armed with iron rod, lathi, danda & khanti, surrounded the informant and assaulted him with various weapons. In the process, the informant suffered head injury and his right hand was also fractured. It has further been alleged that the accused persons snatched golden chain, mobile phone and cash of Rs. 16,000/- from the informant.
4. Learned counsel for the petitioners submits that the petitioners have not committed any offence in the manner alleged and altogether fifteen persons including female members of the petitioners' family have been made accused in the present case on the basis of general and omnibus allegation. The present case has been lodged due to political rivalry inasmuch as Lali Singh who was elected as a Member of Zila Parishad had contested election along with the petitioner no. 2 and due to previous election dispute between the parties the present false case has been lodged. Learned counsel next submits that Government hospital is situated just behind the
3/4 village but the victim has obtained injury report from a private hospital situated at a distance of about 6 K.M. from the place of occurrence without having any first aid in Government hospital at Karakat. The allegation of assault is against all the fifteen accused persons but only one injury has been sustained by the victim on his head which is said to be grievous in nature as per the report of the private doctor. Dr. Kavendra Kumar Singh and Lali Singh (Zila Paarshad) both are good friends. The said doctor has a criminal background and was in judicial custody in Bikramganj P.S. Case No. 38 of 2021. As such, the authenticity of the injury report is doubtful.
5. Regard being had to the submission made by the parties and taking into consideration the fact that general and omnibus allegation has been made against the petitioners, I am inclined to grant anticipatory bail to the petitioners.
6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bikramganj, Rohtas in connection with Karakat P.S. Case No. 307 of 2024 subject to
4/4 the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T