Jai Narayan Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4662 of 2018 Arising Out of PS.Case No. -207 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Jai Narayan Singh, Son of Late Ram Ashish Singh,
2. Pappu Singh @ Pappu Kumar Singh, Son of Jai Narain Singh,
3. Santosh Singh, Son of Jai Narayan Singh,
4. Ram Naresh Singh, Son of Late Ram Chandra Singh, All resident of Village- Balapur, P.S.- Ghorasahan, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-02-2018 Heard the learned counsels for the parties.
The petitioners seek bail in anticipation of their arrest in connection with Ghorasahan P.S. Case No. 207/2017 dated 04.05.2017 instituted for the offences under Sections 323, 341, 384, 386, 504 and 506/34 of the Indian Penal Code. On the land of petitioner no. 1, a mobile tower, at the instance of ATC Tower Company of India Pvt. Ltd. was erected and an agreement was entered into for 20 years, whereby the Tower Company was to pay Rs. 3,000/- per month to petitioner no. 1 as the rental of the land. It has been alleged in the F.I.R. that after shutting down the tower, when the employees of the company went to take away the equipments, they were obstructed and were asked to pay up that money before they would be permitted to take away the same.
Patna High Court Cr.Misc. No.4662 of 2018 (2) dt.02-02-2018 2/2 Learned counsel for the petitioners has submitted that earlier, the petitioner no. 1 had filed a case against the employees of the company for having violating the terms of the contract and of withholding in an illegal manner the rental amount which was due to him. It has further been submitted that neither the rental amount which was agreed by the company was paid nor the salary of the staff, who were employed by the ATC company, were paid. For the same occurrence, which had taken place in the year 2015, the present case has been lodged after one year in order to create a defence in the case which was earlier lodged by petitioner no. 1.
Considering the aforesaid facts, the petitioners above named are directed to be released on bail, in the event of their surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikarahana at Dhaka, East Champaran in connection with Ghorasahan P.S. Case No. 207/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Ashutosh Kumar, J.) Rakhi U T