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Patna High Court - Orders

Sonu Singh @ Chandu Singh @ Chandan Singh vs The State Of Bihar on 9 September, 2021

Author: Ashutosh Kumar

Bench: Ashutosh Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3657 of 2021
                   Arising Out of PS. Case No.-121 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
           1.     SONU SINGH @ CHANDU SINGH @ CHANDAN SINGH Son of Arun
                  Singh Resident of Village - Tilaktajpur, Police Station - Runnisaidpur,
                  District - Sitamarhi
           2.    Pankaj Kumar @ Pankaj Singh Son of Late Vimal Singh Resident of Village
                 - Tilaktajpur, Police Station - Runnisaidpur, District - Sitamarhi
           3.    Chandan Kumar @ Chandan Singh Son of Prem Singh Resident of Village -
                 Tilaktajpur, Police Station - Runnisaidpur, District - Sitamarhi

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar BIhar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pankaj Kumar Jha, Advocate
                                                  Mr. Abhijeet Gautam, Advocate
                 For the Opposite Party/s :       Mr. Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
                                       ORAL ORDER

2   09-09-2021

Heard Mr. Pankaj Kumar Jha, learned Advocate for the petitioners and Mr. Md. Matloob Rab, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Runnisaidpur P.S. Case No. 121 of 2020 dated 12.03.2020 instituted for the offences under Sections 147, 148, 149, 341, 323, 342, 302, 379, 354, 427 and 504 of the Indian Penal Code.

The accusation in the FIR is that the petitioners Patna High Court CR. MISC. No.3657 of 2021(2) dt.09-09-2021 2/3 and others had come to the house of the informant and in the fight between the parties, one Alok Singh is said to have hit the deceased in his testicles by his knees. The cause of death but is otherwise. The deceased appears to have been hit on his head.

Be that as it may, it has been urged on behalf of the petitioners that they are not the assailants of the deceased and have not been attributed with any overt act.

Apart from this, it has been submitted that there is a counter version of the occurrence also wherein for the refusal of playing Bhojpuri songs on loudspeaker, an occurrence is said to have taken place for which FIR has been lodged by one of the accused persons of this case viz. Manoj Mishra. There is a reference of another case also between the parties.

Call for the legible copy of the case diary of Runnisaidpur P.S. Case No. 121 of 2020 from the court of the learned Chief Judicial Magistrate, Sitamarhi. Patna High Court CR. MISC. No.3657 of 2021(2) dt.09-09-2021 3/3 In the meantime, on the petitioners surrendering before the court below, they shall be released on provisional bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No. 121 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Re-notify this case on 8th of October, 2021.

(Ashutosh Kumar, J) krishna/-

U       T