Rohit Kumar @ Lallu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84008 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- TELHARA District- Nalanda ====================================================== 1.

Rohit Kumar @ Lallu Singh S/O Amrendra Singh, 2.

Amarnath @ Bittu Singh, S/O Mahendra Singh, 3.

Abhishek Singh, S/O Ashok Kumar Singh, 4.

Bittu Singh, S/O Mithlesh Singh, 5.

Ved Prakash S/O Soni Singh, All are residents of village- Mahmmadpur, P.S- Ekangarsarai, Distt.- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. In the present case, the petitioners are apprehending their arrest in connection with Telhara P.S. Case No. 17 of 2023 registered for the alleged offences under Sections 341, 323, 307, 504, 506 and 379 of the Indian Penal Code.

3. As per prosecution case, the petitioners and other co-accused persons, who were variously armed, assaulted the informant with iron rod and they also tried to strangulate the informant and took away gold locket and gold ring from the informant.

Patna High Court CR. MISC. No.84008 of 2023(3) dt.21-03-2024 2/3

4. The learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case in the background of some quarrel which took place between the children. Both sides indulged in scuffle and some persons received injuries. For the same occurrence, the counter version is Telhara P.S. Case No.18 of 2023. The injury of the informant is stated to be simple and there is only one injury on the head which shows there was no intention to cause death. Other injuries are merely swelling of face and neck and poly-trauma. The nature of injury is stated to be simple. The petitioner no.1 has also suffered from some injuries for which there is no explanation. The petitioners have got no criminal antecedent.

5. Learned APP vehemently opposes the submissions made on behalf of the petitioners.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the case and counter case between the parties in the background of some dispute and further considering simple injury caused to the informant and also considering the possibility of false accusation, let the petitioners, above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail

Patna High Court CR. MISC. No.84008 of 2023(3) dt.21-03-2024 3/3 bond of Rs. 10,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda, in connection with Telhara P.S. Case No. 17 of 2023, subject to the conditions mentioned in Section 438(2) of the Cr.P.C. and the following conditions:

(i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) V.K.Pandey/- U T