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Patna High CourtCR. MISC./8327/2019bail granted

Anil Kumar Singh @ Mantoon Singh And ORS. v. The State Of Bihar

2019-04-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8327 of 2019 Arising Out of PS. Case No.-202 Year-2018 Thana- RUPAULI District- Purnia ====================================================== 1.

ANIL KUMAR SINGH @ MANTOON SINGH Son of Late Mistri Singh Resident of village-Jhalari, P.S.-Rupauli 2.

Birendra Singh Son of Late Mistri Singh Resident of village-Jhalari, P.S.- Rupauli 3.

Guddu Kumar @ Sailu Singh Son of Birendra Singh Resident of VillageJhalari, P.S.-Rupauli ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-04-2019 This application, for grant of anticipatory bail, arises out of Rupauli P.S. Case No. 202 of 2018, disclosing offences under Sections 341, 307, 384, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioners is that they fired on the informant, however, the said firing did not hit anybody and there is further allegation of demand of Rangdari and previously also, the petitioners had tried to kill the ifnormant, for which Sessions Trial is pending.

Submission of learned counsel for the petitioners is that they have falsely been implicated in this case due to

Patna High Court CR. MISC. No.8327 of 2019(3) dt.23-04-2019 2/2 previous enmity and there is land dispute between the parties and title suit has been decided in favour of the petitioners and the F.I.R. has been lodged after three days only to put pressure on the petitioners and falsity of the case will appear from the fact that although there is allegation that petitioners fired but none received injury from the said firing.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea, in connection with Rupauli P.S. Case No. 202 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) sunilkumar/- U T