Rinku Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76476 of 2019 Arising Out of PS. Case No.-59 Year-2019 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.
Rinku Singh, Son of Chalitra Singh 2.
Nakul Singh, Son of Kamleshwari Singh 3.
Dilip Singh, Son of Sudhanshu Singh @ Rajendra Singh All Residents of Village-Khapur, P.S.-Ratwara Alamnagar, DistrictMadhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar Agrawal For the Opposite Party/s :
Mrs.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-03-2020 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners in this case are seeking anticipatory bail in connection with Alamnagar (Ratwara) P.S. Case No.59 of 2019 registered for the offences punishable under Section 302/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioners are innocent and have falsely been implicated in this case. Learned counsel submits that there are general and omnibus allegations against the petitioners.
Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioners.
Patna High Court CR. MISC. No.76476 of 2019(3) dt.
06-03-2020 2/3 Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioners that the informant and petitioners are co-villagers and so far as these petitioners are concerned, there are general and omnibus allegations against them that they were among 12 persons who had assaulted the father of the informant by hand and fists blow but specific allegation of firing has been made against the co-accused Sudhir Singh who is not before this Court, it is the fire arm injury caused by said accused which has proved fatal and further submission that these petitioners have been named in the FIR only because of village rivalry, let the petitioners abovenamed in the event of their arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs.
15,000/- (fifteen thousand ) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Uda-Kishunganj, Madhepura in connection with Alamnagar (Ratwara) P.S. Case No.59 of 2019, subject to the condition 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;
Patna High Court CR. MISC. No.76476 of 2019(3) dt.06-03-2020 3/3 (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) arvind/- U T