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Patna High Court - Orders

Parmanand Singh & Anr vs The State Of Bihar on 17 September, 2016

Author: Rajendra Kumar Mishra

Bench: Rajendra Kumar Mishra

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.36563 of 2016
                     Arising Out of PS.Case No. -46 Year- 2016 Thana -SANGRAMPUR District- MUNGER
                 ======================================================
                 1. Parmanand Singh son of Late Gobind Ram
                 2. Lal Bahadur Shastri Son of Late Gobind Ram Both resident of Village-
                 Munshi tola, Jagatpura, P.S. Sangrampur, District- Munger
                                                                          .... .... Petitioner/s
                                                   Versus
                 The State of Bihar                               .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s        :   Mr. Ajit Kumar Singh
                 For the Opposite Party/s    : Mr. Sri Sanjay Kumar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                 MISHRA
                 ORAL ORDER
2   17-09-2016

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sangrampur (Tetiabammer) P.S. Case No. 45 of 2016 registered under Sections 147, 148, 149, 323, 341, 337, 504, 307 of the Indian Penal Code and section 27 of the Arms Act.

The accusation is that when the informant along with his brothers Chhotu Kumar and Shashi Bhushan was returning to his house after polling from Jagatpura Durgasthan, all of sudden Mithilesh Pandey, Dinbandhu Pandey, Vyas Pandey, Dilip Pandey started to abuse and assault. At that time, Sidheshwasr Pandey assaulted to his both brothers through lathi. When his father came in rescue then scuffle took place and thereafter, his father and brothers fled away towards the house then Mithilesh Pandey and Patna High Court Cr.Misc. No.36563 of 2016 (2) dt.17-09-2016 2/2 Sidheshwari Pandey started pelting of stones and firing at his house. Later on, Sidheshwar Pandey, Hira Prasad and petitioners also started stone pelting and firing.

Learned counsel appearing on behalf of the petitioners submits that it would appear from the F.I.R. that petitioners along with Sidheshwari Pandey and Hira Prasad Ram started pelting stone and making fire at the house of the informant after entering the informant, his brother and father in house and no one has sustained injury. It is further submitted that since the petitioners are supporters of Sidheshwari Pandey, due to that reason, they have been implicated in this case with false allegation.

Having considered the facts and circumstances of the case, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-II, Munger in connection with Sangrampur (Tetiabammer) P.S. Case No. 46 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. Shail/- (Rajendra Kumar Mishra, J) U T