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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75903 of 2024 Arising Out of PS. Case No.-182 Year-2024 Thana- NAWADA MUFFASIL District- Nawada ======================================================
1. Umesh Prasad Singh S/o Late Siriyo Singh Resident of village - Neya, P.S. - Mufassil, District - Nawada
2. Shambhu Sharan Singh @ Nepu Singh @ Shambhu Singh S/o Late Nawal Kishor Singh @ Late Nawal Kishor Resident of village - Neya, P.S. - Mufassil, District - Nawada
3. Chandrabhan Sharma @ Mauli Singh S/o Late Raghunandan Singh Resident of village - Neya, P.S. - Mufassil, District - Nawada ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ramakant Sharma, Sr. Advocate Mr. Mayank Raj, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Pandey, A.P.P For the Informant : Mr. Bijendra Kumar, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 3 25-02-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State as well as
learned counsel for the informant. 2. The petitioners are apprehending their arrest in connection with Mufassil P.S. Case No. 182/2024 dated 08.06.2024 registered for the offence punishable u/s 341, 323, 308, 325, 354B, 504 and 506 read with Section 34 of the Indian Penal Code. 3. As per the prosecution case, when the informant was sitting at his house, the co-accused, Sonu Kumar came and
Patna High Court CR. MISC. No.75903 of 2024(3) dt.25-02-2025 2/3 started abusing and told him to register 37 dismil land in his name otherwise you and your family would be killed. In the meantime, the petitioners and the co-accused persons came holding iron rod, lathi and danda and assaulted the informant. The co-accused, Praveen Kumar assaulted the informant with iron rod, causing hand injury. The petitioner no. 3, Chandravaan Singh assaulted the informant on the left hand, causing injury. Thereafter, the co-accused, Sonu Kumar assaulted the informant with iron rod, causing head injury. In the meantime, the co- accused, Sonu Kumar and his father exhorted to kill the informant. On hearing this, the co-accused, Saraubh Kumar assaulted the informant with iron rod on his leg causing injury. When the informant's wife came to rescue, the co-accused, Pramod Kumar molested her. 4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioner no. 1 and 2. The other co-accused persons have already been granted bail by this court vide order dated 23.10.2024 passed in Cr. Misc. No. 73571/2024. Learned counsel has submitted that the injury no. 1 and 2 are simple in nature whereas the injury no. 3 and 4 are grievous in nature
Patna High Court CR. MISC. No.75903 of 2024(3) dt.25-02-2025 3/3 which are on non-vital part of the body. It is further submitted that there is no repetition of blow. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. 5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the prayer of anticipatory bail of the petitioners by submitting that the injury no. 3 and 4 are grievous in nature. 6.
Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Mufassil P.S. Case No. 182/2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure. 7. The application stands allowed. atul/- (Chandra Prakash Singh, J) U T