Makeshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84340 of 2019 Arising Out of PS. Case No.-80 Year-2019 Thana- DAUDPUR District- Saran ====================================================== 1.

MAKESHWAR SINGH Son of Late Baijnath Singh, Resident of Village - Bangra, P.S.- Daudpur, District- Saran 2.

Ganesh Kumar Singh Son of Makeshwar Singh, Resident of Village - Bangra, P.S.- Daudpur, District- Saran 3.

Pinku Singh Son of Prabhunath Singh, Resident of Village - Bangra, P.S.- Daudpur, District- Saran 4.

Munan Singh @ Munan Kumar Singh Son of Sambhunath Singh, Resident of Village - Bangra, P.S.- Daudpur, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Singh, Adv.

For the State :

Mr.Nirmal Kumar Sinha, A.P.P.

For the informant : Ms. Kumari Seema Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2020 Heard Mr. Krishna Prasad Singh, learned senior counsel for the petitioners, Mr. Nirmal Kumar Sinha, learned A.P.P. and Ms. Kumari Seema Singh, learned counsel for the informant through Video Conferencing.

The petitioners apprehend their arrest in Daudpur P.S. Case No.80 of 2019 registered under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code. The informant alleged that on 12.05.2019 while he was going to Booth No.86 along with his brother Ashok Kumar Singh, Ranvijay Singh @ Dharaka Singh, Bhanu Pratap Singh

2/4 @ Bhutani Singh asked him not to cast vote. In the meantime, Makeshwar Singh (petitioner no.1), Ganesh Kumar Singh (petitioner no.2), Pinku Singh (petitioner no.3) and Munan Singh (petitioner no.4), Raju Singh having armed with rod, stick, knife and pistol came there and began to assault. When the informant protested, Ranvijay Singh @ Dharaka Singh assaulted the informant with knife on his neck. Ranvijay Singh gave second blow with knife. It is alleged that other accused began to assault the informant and others such as cousin Awadhesh Kumar Singh, Shailendra Kumar Singh @ Baban Singh and nephew Pankaj Kumar Singh. Bhanu Pratap Singh is alleged to have assaulted his cousin with knife. Petitioners are alleged to have assaulted the informant with iron rod and stick. Mr.

Krishna Prasad Singh, learned senior counsel for the petitioners submits that there is a counter version being Daudpur P.S. Case No.81 of 2019. Ranvijay Singh, who is alleged to have assaulted the informant with knife has already been enlarged on bail. Bhanu Pratap Singh, who is alleged to have assaulted the cousin of the informant with knife has been granted anticipatory bail by a coordinate Bench of this court vide order dated 04.03.2020 passed in Cr.Misc.No.12993 of 2020.

3/4 that of Bhanu Pratap Singh.

Learned counsel for the informant as well as learned A.P.P. vehemently opposed the prayer for anticipatory bail and submitted that the petitioners are also alleged to have assaulted the informant and his brother.

It appears from the F.I.R. that the petitioners are alleged to have assaulted the informant and others with rod, stick and butt of pistol but the injuries found on the body of the informant are simple in nature. Bhanu Pratap Singh, who is alleged to have assaulted the cousin of the informant with knife has already been granted anticipatory bail by a coordinate Bench of this court vide order dated 04.03.2020 passed in Cr.Misc.No.12993 of 2020. The case of the petitioners stands on better footing and there is a counter version being Daudpur P.S. Case No.81 of 2019.

Having considered the facts aforesaid, the petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Saran at Chapra in connection

4/4 with Daudpur P.S. Case No.80 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T