Basant Kumar Singh @ Basant Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65525 of 2018 Arising Out of PS.Case No. -102 Year- 2018 Thana -GOVINDGANJ District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Basant Kumar Singh @ Basant Singh, S/O Rama Singh.

2. Raman Kumar Singh @ Raman Singh, S/O Late Amit Narayan Singh.

3. Chandra Shekhar Singh, S/O Late Suryadeo Singh.

4. Bhola Singh, S/O Late Amit Narayan Singh. All residents of VillageJitwarpur, P.S. Govindganj, District-East Champaran, Motihari. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Akhilesh Kumar, Advocate. For the Opposite Party : Mr. Ram Bilash Roy Raman, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-10-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 148, 149, 448, 341, 323, 324, 307, 379 and 504 of the IPC.

The prosecution story, in brief, is that on 01.05.2018 at about 10.00 P.M., Barat has come at the door of her villager Sunil Singh and some hot exchange has been made with Kundan Singh not to fire from Nalkatua and taken videography of women. All of sudden, petitioner no. 3 Chandra Shekhar Singh gave sword blow on the head of her son Prashan Singh @ Nanhe Singh with intention to kill him who sustained injury and fell down. Co-

Patna High Court Cr.Misc. No.65525 of 2018 (2) dt.29-10-2018 2/3 accused Kundan Singh came with Nalkatua for terrorizing the people. Petitioner no. 1 Basant Kumar Singh @ Basant Singh and petitioner no. 4 Bhola Singh also assaulted her son with Lathi. Coaccused Sudama Singh, Ram Singh, Umesh Singh and petitioner no. 2 Raman Kumar Singh @ Raman Singh also assaulted her son with Lathi, fists and slaps and snatched golden chain from the neck of her son and Rs. 60,000/- cash. Her son has been admitted at P.M.C.H. Patna for his treatment.

It has been submitted by learned counsel for the petitioners that the petitioner nos. 1, 2 and 4 have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. Nature of injury is said to be simple. Hence, no offence under Section 307 of the IPC is made out.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. East

Patna High Court Cr.Misc. No.65525 of 2018 (2) dt.29-10-2018 3/3 Champaran, Motihari, in connection with Govindganj P.S. Case No. 102/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T