Santosh Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8986 of 2019 Arising Out of PS. Case No.-112 Year-2018 Thana- PASRAHA District- Khagaria ======================================================

1. SANTOSH SINGH, Son of Late Shiv Narayan Singh

2. Bhaglu Singh, Son of Chanaradeo Singh

3. Fulo Singh, Son of Chanaradeo Singh Petitioner No.1 to 3 are resident of village-Barmasiya, P.S.-Pasraha, DistrictKhagaria.

4. Bhushi Das, Son of Late Nirdhan Das, Resident of Village- Bari Paikat, P.S.- Pasraha, District- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-02-2019 Learned counsel for the petitioners is permitted to make necessary correction in the address portion of the cause title.

Heard learned counsel for the petitioners. No one appears for the State to oppose this application. Petitioners are seeking anticipatory bail in connection with Pasraha P.S. Case No. 112 of 2018 registered for the offences punishable under Sections 341, 323, 379, 427, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that there is a land dispute between the petitioners and the informant's side which fact is mentioned in the FIR itself. It is submitted that the wife of petitioner no.3 has lodged a counter case vide Annexure2 to the present application. It is further submitted that the whole allegation of commission of theft by the petitioners are

Patna High Court Cr.Misc. No.8986 of 2019(2) dt.18-02-2019 2/2 superimposition and concocted story which is normally created in this kind of matters. It is also submitted that the petitioners have got no criminal antecedent.

Considering the facts and circumstances of the case wherein it is the submission of the petitioners that there is a land dispute and save and except Section 379 I.P.C. all the sections are bailable in nature, in case of arrest or surrender of the petitioners within a period of four weeks from today, the abovenamed petitioners shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) each with two sureties of the like amount each to the satisfication of the learned C.J.M., Khagaria in connection with Pasraha P.S. Case No. 112 of 2018, subject to the condition that petitioners shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) arvind/- U T