Gendhari Singh vs The State Of Bihar
2021 Latest Caselaw 749 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.36937 of 2020
           Arising Out of PS Case No.-141 Year-2020 Thana- SANDESH District- Bhojpur
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1. Gendhari Singh, aged about 65 years Male.

2. Ram Jee Singh, aged about 69 years, Male.

Both are Sons of Khailash Singh, resident of Village-Surungapur, PS- Sandesh, District- Bhojpur.

3. Sharda Nand Singh, aged about 64 years Male, Son of Late Chandrika Singh, Resident of Village- Khalisha, PS- Udwantnagar, District- Bhojpur.

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

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Kumar, Advocate For the State : Mr. Rana Randhir Singh, APP For the Informant : Mr. Nihar Nandan Ambasta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 08-02-2021

Heard Mr. Uday Kumar, learned counsel for the

petitioners; Mr. Rana Randhir Singh, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State and

Mr. Nihar Nandan Ambasta, learned counsel for the informant.

2. The petitioners are in custody in connection with

Sandesh PS Case No. 141 of 2020 dated 01.05.2020, instituted

under Sections 147/148/149/324/325/307/302/120B of the Indian

Penal Code and Section 27 of the Arms Act, 1959.

3. At the outset, learned counsel for the petitioners

submitted that he would be pressing the application only on behalf Patna High Court CR. MISC. No.36937 of 2020 dt.08-02-2021

of petitioners no. 1 and 2, that is, Gendhari Singh and Ramjee

Singh and he may be permitted to withdraw the same on behalf of

petitioner no. 3, that is, Sharda Nand Singh and liberty be given

him to file a separate case as the Court below has rejected such

prayer by separate order.

4. In view thereof, the application is restricted to

petitioners no.1 and 2, namely, Gendhari Singh and Ramjee Singh

and with regard to petitioner no. 3, the same is permitted to be

withdraw with liberty aforesaid.

5. The allegation against the petitioners no. 1 and 2 is

that they, along with others, had assembled with arms and

specifically that they had ordered to fire and co-accused Manjay

Singh and Vijay Singh had fired on the informant side leading to

injury to one and death of another.

6. Learned counsel for the petitioners no. 1 and 2

submitted that even as per the FIR no overt act is assigned to them

as it has been stated that they were the order giver. Learned

counsel submitted that against petitioner no. 1, there is one other

criminal case, but that is for the same occurrence and with regard

to petitioner no. 2, there are three cases but two are connected

with the same case. Learned counsel submitted that the parties are Patna High Court CR. MISC. No.36937 of 2020 dt.08-02-2021

agates and there is land dispute. It was submitted that the

petitioners are in custody since 02.05.2020.

7. Learned APP submitted that as per the allegation, the

petitioners have ordered for firing which has ultimately resulted in

the death of one person and life-threatening injury to another.

8. Learned counsel for the informant submitted that the

petitioners were equally responsible for the incident. However, he

could not controvert the fact that against the petitioners, there is

no allegation of any overt act and it has only been said that upon

their calling, two other co-accused had fired.

9. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioners no. 1 and 2 be released on bail upon furnishing bail

bonds of Rs. 25,000/- (twenty five thousand) each with two

sureties of the like amount each to the satisfaction of the learned

Judicial Magistrate 1st Class, Bhojpur at Ara in Sandesh PS Case

No. 141 of 2020, subject to the conditions (i) that one of the

bailors shall be a close relative of the petitioners, (ii) that the

petitioners and the bailors shall execute bond with regard to good

behaviour of the petitioners, and (iii) that the petitioners shall also

give an undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory Patna High Court CR. MISC. No.36937 of 2020 dt.08-02-2021

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioners shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of his bail bonds.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T