Chunu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73663 of 2019 Arising Out of PS. Case No.-34 Year-2018 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

CHUNU SINGH, aged about 35 years (male), Son of Basist Singh, 2.

Mohit Kumar, aged about 25 years (Male), Son of Sanjay Singh, 3.

Chandan Kumar, aged about 28 years (Male), Son of Lav Kumar Singh, Resident of Village - Sahiya, P.S.- Wagirganj, Distt.- Gaya. 4.

Saurabh Kumar, aged about 24 years (Male), Son of Bhuchu Singh @ Bhupu Singh, 5.

Sarwan Kumar, aged about 28 years (Male), Son of Bigu Singh, All Residents of Village - Sahiya, P.S.- Wagirganj, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nand Kishore Prasad Sinha, Adv.

For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 143, 341, 323, 307, 379, 353, 427, 504 and 506 of the Indian Penal Code. Prosecution case is that on the basis of written informant given by one Chandradip Kumar driver constable before the O/C of Wagirganj Police Station on 27.11.2018 at 4.30 p.m. stating therein that he got information that on Gaya-Nawada Road N.H. 82 two trucks near Sahiya village collide with each other and he along with associates proceeded there and found several people are there and

Patna High Court CR. MISC. No.73663 of 2019(2) dt.22-11-2019 2/2 trucks were damaged and one truck was empty and other truck was laden with apple and some people taking away apple and on objection they fled away.

Learned counsel for the petitioners submits that there is no specific allegation of any over act has been made against the petitioners and there is general and omnibus allegation. There is no recovery from the conscious possession of the petitioners. Injury report is at (Annexure-2) shows that injury is simple in nature and the petitioners have got no criminal antecedent.

In the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Addl. Chief Judicial Magistrate-1st Gay, in connection with Wajirganj P.S. Case No. 34 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) amitkumar/- U T