Patna High Court Cr.Misc. No.31839 of 2011 (2) dt.19-09-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31839 of 2011 ====================================================== 1. Uma Devi,W/O Baleshwar Singh, 2. Swarath Singh, S/O Muneshwar Singh, 3. Udeshwar Singh, S/O Lakh Narayan Singh, 4. Nitish Kumar, S/O Udeshwar Singh, 5. Pappu Singh, S/O Rajendra Singh, 6. Yogendra Singh,S/O Charitar Singh, 7. Bishwamohan Singh @ Chunnu Singh, S/O Suresh Singh, 8. Ram Ekbal Singh, S/O Ram Kripal Singh, 9. Sofi Singh, S/O Hari Nandan Singh, All are residents of Ram Nagar, Diyara, P.S.- Athmalgola, Distt- Patna. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== 2 19-09-2011 Heard learned counsel for petitioners and learned counsel for the State. The petitioners apprehend their arrest in connection with a case registered for the offence punishable under sections 147, 148, 149, 341, 332, 333, 253, 224, 225, 307 and 393 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioners submits that the prosecution story is that when the Officer-in-charge along with other officials went to arrest a wanted accused person of Athmalgola P.S. Case No. 127 of 2008, the accused persons of the instant case, numbering 70-80, including the petitioners attacked the police party, fired, pelted stones, injured the police officials and attempted to snatch rifle from the police party, but they could Patna High Court Cr.Misc. No.31839 of 2011 (2) dt.19-09-2011 not succeed. It is submitted that the entire allegation against the petitioners is absolutely false and frivolous as they have got no criminal antecedent and they have been falsely implicated in the instant case by the Police in retaliation to the filing of earlier Complaint Case No. 654(C)/ 2008 against the informant of the instant case, namely, Sub-Inspector of Police, against whom cognizance has also been taken. Let it be noted that the said complaint was filed by that accused Munni Devi. It is also submitted that co-accused, Munni Devi, Jayanti Devi, Dhananjay Choudhary, Kedar Singh, Maheshwar Singh, Premjit Kumar and Raghu Choudhary have already been granted anticipatory bail vide order dated 26.03.2011 passed in Cr. Misc. No. 42942 of 2010 by this Court and the case of the petitioners also stand on identical footing. Taking into consideration the aforesaid submissions, let the petitioners, namely, 1. Uma Devi, 2.Swarath Singh, 3. Udeshwar Singh, 4.Nitish Kumar, 5. Pappu Singh, 6. Yogendra Singh, 7.Bishwamohan Singh @ Chunnu Singh, 8. Ram Ekbal Singh and 9. Sofi Singh, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on Patna High Court Cr.Misc. No.31839 of 2011 (2) dt.19-09-2011 furnishing bail bonds of Rs.5,000/- (five thousand)each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Barh, Distt.- Patna in connection with Athmalgola P.S. Case No. 169 of 2008, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Bhardwaj/- (Ashwani Kumar Singh, J)