Tez Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 15258 of 2024 Arising Out of PS. Case No.-27 Year-2022 Thana- BISFI District- Madhubani ====================================================== 1.
Tez Singh Son of Harendra Singh Resident of Village And P.O. - Kazain, P.S. - Bikramganj, District - Rohatas At Sasaram 2.
Harendra Singh Son of Late Ramjee Singh Resident of Village And P.O. - Kazain, P.S. - Bikramganj, District - Rohatas At Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Ranjan Kumar Pandey, Adv.
For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-03-2024 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioners are named in F.I.R. and apprehending their arrest in connection with Bisfi P.S. Case No. 27/2022 registered for the offences punishable under Sections 341, 323, 419, 420, 504, 506 and 34 of the Indian Penal Code.
3. The allegation against petitioners is to assault informant along with main co-accused Som Narayan Singh, who alleged to entered into an agreement with informant
Patna High Court CR. MISC. No. 15258 of 2024(2) dt.14-03-2024 2/3 being engineer, where informant was working as a contractor, for a loan of Rs. 7,30,100/- It is alleged thereof that said main co-accused took one XUV 500 Mahindra Company Car bearing Registration No. BR-21-P-3720 and one hydraulic tractor bearing Registration No. BR-21-GA4997 of informant, which were not returned to him on repeated request.
4. Learned counsel appearing on behalf of the petitioners submitted that the thrust of allegations are available against co-accused Som Narayan Singh, who has already granted anticipatory bail by one of the learned coordinate Bench of this Court through Cr. Misc. No. 32954 of 2023 dated 24.07.2023. It is further submitted that the allegation against the petitioners are limited as to assault/mis-handle informant during the course of scuffling, when it alleged to be taken place with main co-accused. It is submitted that petitioners are of clean antecedent.
5. Learned APP appearing for the State opposes the prayer of bail.
6. Considering the aforesaid facts and
Patna High Court CR. MISC. No. 15258 of 2024(2) dt.14-03-2024 3/3 circumstances and by taking note of fact as the thrust of allegation for cheating is available against main co-accused Som Narayan Singh, where allegation against these petitioners are limited as to assault/mis-handle informant during the course of scuffling accordingly, the above named petitioners, in the event of their arrest or surrender before learned trial court within a period of four weeks, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani/concerned Court, where the case is pending in connection with Bisfi P.S. Case No. 27 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J) sadique/- U T