Ram Sundar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75953 of 2019 Arising Out of PS. Case No.-532 Year-2019 Thana- DEHRI TOWN District- Rohtas ====================================================== 1.
RAM SUNDAR SINGH S/o Late Shankar Mahto R/o village- Laxman Bigha, P.S.- Indrapuri (O.P.), Distrit- Rohtas at Sasaram 2.
Dhananjay Singh S/o Pramod Singh R/o village- Laxman Bigha, P.S.- Indrapuri (O.P.), Distrit- Rohtas at Sasaram 3.
Sanjay Singh S/o Pramod Singh R/o village- Laxman Bigha, P.S.- Indrapuri (O.P.), Distrit- Rohtas at Sasaram 4.
Pradeep Singh S/o Pramod Singh R/o village- Laxman Bigha, P.S.- Indrapuri (O.P.), Distrit- Rohtas at Sasaram 5.
Prabhawati Devi W/o Pramod Singh R/o village- Laxman Bigha, P.S.- Indrapuri (O.P.), Distrit- Rohtas at Sasaram ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s :
Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-11-2019 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners in this case are seeking anticipatory bail in connection with Dehri Nagar ( Indrapuri O. P. ) P.S. Case No. 532 of 2019 registered for the offences punishable under Sections 341, 323, 307, 354 (a), 379, 447, 448/34 of the Indian Penal Code.
Learned counsel for the petitioners submits that there is general and omnibus allegation against all the accused persons except petitioner no. 1. It is further submitted that
Patna High Court CR. MISC. No.75953 of 2019(2) dt.25-11-2019 2/3 offence under Section 307 IPC is not made out as the doctor has found all the injuries to be simple in nature. It is further submitted both sides are gotiyas belonging to one family. Considering the facts and circumstances of the case wherein there is specific allegation of giving repeated blow by a deadly weapon upon the son of the informant is against Pramod Singh (petitioner no. 1), this Court is not willing to extent the privilege of anticipatory bail to petitioner no. 1. His prayer of anticipatory bail is, thus, refused.
In case the petitioner no. 1 surrenders and prays for regular bail before the learned court below within a period of four weeks from today his prayer for regular bail shall be considered on its own merit without being prejudiced by the order of this Court.
So far as petitioners no. 2 to 5 are concerned, it is the submission of these petitioners that there are general and omnibus allegation against them and they are not said to have assaulted with any deadly weapon upon the informant's side as also they are the co-sharers, let the petitioners no. 2 to 5 above named in case of their arrest or surrender within a period of four weeks from today in connection with Dehri Nagar (Indrapuri) P.S. Case No. 532 of 2019 be released on bail on
Patna High Court CR. MISC. No.75953 of 2019(2) dt.25-11-2019 3/3 furnishing of bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of Shri Vivek Kumar Singh, Judicial Magistrate, Ist Class, Dehri, Rohtas, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.
(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T