Rajendra Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71049 of 2018 Arising Out of PS. Case No.-166 Year-2018 Thana- NOKHA District- Rohtas ======================================================

1. Rajendra Singh Son of Late Bandhu Singh

2. Nami Singh @ Nami Kumar Son of Late Rajendra Singh

3. Pramod Kumar Son of Chhotelal Singh

4. Vinod Kumar Son of Sheoji Singh

5. Guddu Kumar Son of Late Narayan Singh All Resident of VillageKusahi,P.S.-Nokha,Distt.-Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dineshwar Mishra Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-01-2019 Learned counsel for the petitioners seeks permission to withdraw the application with respect to petitioners no. 2 to 5 as the police has not found the allegations against them to be correct.

The petition with respect to petitioners no. 2 to 5 is dismissed as withdrawn.

With respect to petitioner no. 1, who seeks bail in anticipation of his arrest in connection with Nokha P. S. Case No. 166 of 2018 dated 21.06.2018 instituted for the offences under Sections 147, 148, 149, 341, 323, 307,

Patna High Court Cr.Misc. No.71049 of 2018(3) dt.09-01-2019 2/3 379/34 of the Indian Penal Code, the learned counsel for the petitioner submits that the allegations are general in nature and nothing specific has been attributed against the petitioner.

The occurrence arose because of a dispute over irrigation. The injuries suffered by the informant and his son are simple in nature. One of the accused persons, namely, Rajesh Kumar, on arrest, has been granted bail by the court below.

Considering the aforesaid facts as also finding that the police did not find the entire allegation in the F.I.R. to be true and the petitioner no. 1 does not have any criminal antecedents, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Shri B. K. Rai, A.C.J.M., Rohtas at Sasaram in connection with Nokha P. S. Case No. 166 of

Patna High Court Cr.Misc. No.71049 of 2018(3) dt.09-01-2019 3/3 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

(Ashutosh Kumar, J) Skm/- U