Siya Ram Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Siya Ram Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioners to be released on bail in the event of arrest or surrender before the learned court below within eight weeks, on bail-bonds of Rs. 10,000 each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioners, apprehending arrest in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 113 of 2018, should be released on bail in the event of arrest or surrender (anticipatory bail), subject to conditions under Section 438(2) Cr.P.C.

Court's answer

The petitioners were ordered to be released on bail in the event of arrest or surrender before the learned court below within eight weeks, on furnishing bail-bonds of Rs. 10,000 each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai, subject to the conditions laid down under Section 438(2) Cr.P.C.

Ratio / Principle

The direction for release on bail was made having considered the accusation and the nature of injuries allegedly caused by the petitioners (which counsel had described as simple in nature).

Detailed headnote1 paragraphs

Anticipatory bail allowed (Patna High Court, CRIMINAL MISCELLANEOUS No.68779 of 2024, decided 23-10-2024, Prabhat Kumar Singh, J): Siya Ram Singh, Raushan Singh @ Raushan Kumar and Gunjan Singh @ Gunjan Kumar @ Amol Kumar, apprehending arrest in Lakhisarai (Ramgarh Chowk) P.S. Case No. 113 of 2018 (F.I.R. under Sections 341, 323, 307, 379, 427, 504 and 506/34 IPC), were ordered released on bail in the event of arrest or surrender within eight weeks, on bail-bonds of Rs. 10,000 each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai, subject to Section 438(2) Cr.P.C. conditions. Counsel had submitted that the assault allegation was general and omnibus, the injuries simple, and that police had chargesheeted under Sections 341, 323, 427, 504, 506 and 34 IPC while the Court below took cognizance under Section 307 IPC.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68779 of 2024

Arising Out of PS. Case No.-113 Year-2018 Thana- LAKHISARAI District- Lakhisarai

======================================================

Siya Ram Singh Son of Awadhesh Singh R/V- Village- Nadiyanwa, P.S.Ramgarh Chowk, Distt.- Lakhisarai

Raushan Singh @ Raushan Kumar Son of Binay Prasad Singh R/V- VillageNadiyanwa, P.S.- Ramgarh Chowk, Distt.- Lakhisarai

Gunjan Singh @ Gunjan Kumar @ Amol Kumar Son of Binay Prasad Singh R/V- Village- Nadiyanwa, P.S.- Ramgarh Chowk, Distt.- Lakhisarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar, Adv. For the Opposite Party/s : Mr. Jai Narain Thakur, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 23-10-2024

Heard learned counsel for the petitioners and learned

A.P.P. for the State.

The petitioners apprehend their arrest in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 113 of 2018 registered under Sections 341, 323, 307, 379, 427, 504 and 506/34 of the Indian Penal Code.

As per prosecution case, on the alleged date and time

of occurrence, all the F.I.R. named accused persons including these petitioners assaulted informant by means of iron rod and lathi and took away Rs. 5,000/- from the shop and fled away.

Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.68779 of 2024(2) dt.23-10-2024 2/2

submits that allegation of assault is general and omnibus. The injuries allegedly caused by these petitioners are simple in nature. Police after thorough investigation submitted chargesheet under Sections 341, 323, 427, 504, 506 and 34 of the Indian Penal Code. However, differing with the same, the Court below has taken cognizance under Section 307 of the Indian Penal Code.

Learned A.P.P. appearing on behalf of the State opposed the bail application.

Having considered the accusation as well as nature of injuries allegedly caused by these petitioners, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 113 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J)

utkarsh/-

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