Shailesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8204 of 2020 Arising Out of PS. Case No.-1082 Year-2019 Thana- NAWADA District- Nawada ====================================================== 1.

SHAILESH SINGH Son of Badri Singh Resident of Village - Shiv Dayal Bigha, P.S.- Town (Nawada), District- Nawada 2.

Amlesh Singh Son of Badri Singh Resident of Village - Shiv Dayal Bigha, P.S.- Town (Nawada), District- Nawada 3.

Kundan Singh @ Gore Singh Son of Badri Singh Resident of Village - Shiv Dayal Bigha, P.S.- Town (Nawada), District- Nawada 4.

Kunal Singh Son of Badri Singh Resident of Village - Shiv Dayal Bigha, P.S.- Town (Nawada), District- Nawada ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Thakur, Advocate Ms. Babita Kumari, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-03-2020 Heard counsel for the petitioners and counsel appearing on behalf of the State.

The petitioners are apprehending arrest in connection with Town (Nawada) P.S. Case No. 1082 of 2019, G.R. No. 4698 of 2019 for offences under Sections 147, 148, 149, 341, 323, 324, 354B, 307, 379 IPC.

Learned counsel for the petitioner submits that during the pendency of this application the petitioner no. 2 Amlesh Singh has been arrested and as such this application on his behalf has become infructuous.

The application on behalf of the petitioner no. 2

Patna High Court CR. MISC. No.8204 of 2020(2) dt.03-03-2020 2/2 is accordingly, rejected as infructuous.

Learned counsel for the petitioners submits that the petitioners have no criminal antecedent. There is case and counter case on account of land dispute between the parties. There is general and omnibus allegation and no specific overt act has been alleged against any of the petitioners. Considering the fact that there is case and counter case for the land dispute, there is no specific overt act alleged against any of the petitioners and the petitioners have no criminal antecedent, the Court is inclined to grant bail to the petitioner. Let the petitioners, above named, except petitioner no. 2, who has already been arrested, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the CJM, Nawada in connection with Town (Nawada) P.S. Case No. 1082 of 2019, G.R. No. 4698 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P. C. (Anil Kumar Upadhyay, J) spandey/- U T