IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.35728 of 2010
PRADEEP KUMAR @ PRADEEP KUMAR JAISWAL
Versus
STATE OF BIHAR
with
Cr.Misc. No.35989 of 2010
KAUSHAL SINGH @ KAUSHAL KISHORE SINGH @ KAUSHAL KUMAR
Versus
STATE OF BIHAR
with
Cr.Misc. No.37790 of 2010
JINNI @ JITENDAR RAM
Versus
STATE OF BIHAR
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2 18.11.2010 Heard learned counsel for the petitioners as well as
learned counsel for the state.
All these three bail applications have arisen out of
the same case , i.e. Mohania P.S. Case No. 364 of 2009
registered under Section 307 & other allied sections of the
Indian Penal Code but subsequently, section 302 Indian Penal
Code was also added. Since all the bail applications are
related with same case, the above said bail applications are
being disposed of by this common order.
Allegedly, petitioners alongwith several other
persons went in the office of the informant and it is stated that
petitioner, namely, Jinni @ Jitendar Ram (in Cr. Misc. No.
35728 of 2010) and one Alok Singh assaulted one Bhola
Singh @ Ravindra Singh with Danda and rest persons scuffled
with informant and above-said Bhola Singh @ Ravindra Singh.
Bhola Singh sustained head injury and he was taken to
hospital where in course of treatment, he succumbed to his
injury. The co-accused, Alok Kumar was apprehended by the
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informant and others and disclosed the name of his associates
including the petitioner in Cr. Misc. No. 35728 of 2010.
Subsequently, when the matter was investigated, name of
petitioner, Kaushal Singh @ Kaushal Kishore Singh @
Kaushal Kumar (in Cr. Misc. No. 35989 of 2010) came in light.
Learned counsel appearing in Cr. Misc. No. 35728
of 2010 and Cr. Misc. No. 37989 of 2010 submits that case of
petitioner in Cr. Misc. No. 35728 of 2010 stands on similar
footing to that of co0accused Babloo who has already been
granted privilege of anticipatory bail by the bench of this court
and so far as petitioner in Cr. Misc. No. 35989 of 2010 is
concerned, there is no specific allegation of assault against
him and he has not been named in the FIR nor his name was
disclosed by the apprehended accused, Alok Singh.
Learned counsel appearing in Cr. Misc. No. 37790
of 2010 submits that the deceased sustained only one head
injury. So, there is doubt as to who is author of the aforesaid
injury.
Considering the aforesaid facts and circumstances,
to maintain the parity of justice, prayer for anticipatory bail on
behalf of the petitioners in Cr. Misc. Nos. 35728 of 2010 and
35989 of 2010 is allowed. In the event of arrest/surrender
within 30 days from receipt of the order, the petitioners,
namely, Pradeep Kumar @ Pradeep Kumar Jaiswal (in Cr.
Misc. No. 35728/2010) and Kaushal Singh @ Kaushal Kishore
Singh @ Kaushal Kumar (in Cr. Misc. No. 35989 of 2010)
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shall be released on bail on furnishing bail bond of Rs 10,000/-
(ten thousand) each with two sureties of the like amount each
in connection with Mohania P.S. Case No. 364 of 2009 to the
satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua
subject to condition as laid down u/S 438(2) of the Cr.P.C,
So far petitioner, Jinni @ Jitendar Kumar (in Cr.
Misc. No. 37790 of 2010) is concerned, his prayer for
anticipatory bail is rejected.
However, the above-said petitioner is directed to
surrender before the learned Chief Judicial Magistrate, Kaimur
at Bhabua and if the petitioner so surrenders within 30 days
from the date of receipt of order and seeks regular bail, the
learned Chief Judicial Magistrate shall dispose of the regular
bail application of the petitioner on the same day and after
that, if above said petitioner seeks regular bail before the
learned Sessions Judge, then the learned Sessions Judge,
Kaimur at Bhabua shall consider the regular bail application of
the petitioner on its own merit without being prejudiced by this
rejection order particularly, keeping in mind the submission
advanced on behalf of the petitioner before this court.
AKV/- ( Hemant Kumar Srivastava,J.)