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Patna High CourtCR. MISC./13735/2023allowed

Biran Singh v. The State Of Bihar

2023-06-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13735 of 2023 Arising Out of PS. Case No.-56 Year-2022 Thana- JAYRAMPUR District- Sheikhpura ====================================================== 1.

BIRAN SINGH SON OF RAMCHANDRA SINGH R/O VILLAGETOYAGARH, P.S.- JAYRAMPUR, DISTRICT- SHEIKHPURA 2.

MONU SINGH SON OF BIRAN SINGH R/O VILLAGE- TOYAGARH, P.S.- JAYRAMPUR, DISTRICT- SHEIKHPURA 3.

CHHOTU SINGH @ SATYAM KUMAR SON OF BHOTHU SINGH @ BHOLA SINGH R/O VILLAGE- TOYAGARH, P.S.- JAYRAMPUR, DISTRICT- SHEIKHPURA 4.

AJAY SINGH SON OF RAMCHANDRA SINGH R/O VILLAGETOYAGARH, P.S.- JAYRAMPUR, DISTRICT- SHEIKHPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar, Adv.

For the Opposite Party/s :

Mr.Arvind Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 353, 384, 427, 504 of the Indian Penal Code. Allegedly, petitioners along with other accused persons are said to have obstructed the government officials in discharging their duties. They also pelted stones on them. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to village politics. The

Patna High Court CR. MISC. No.13735 of 2023(3) dt.22-06-2023 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. A title suit bearing Title Suit No. 113 of 2022 is pending between the parties, as mentioned in Annexure-2 of the bail application. Nobody got injured in the alleged occurrence. Petitioner nos. 1 & 2 have three criminal antecedents, whereas petitioner nos. 3 & 4 have no criminal antecedent, as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as there is admitted land dispute between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 the learned lower Court where the case is pending/successor Court in connection with Jayrampur P.S. Case No. 56 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T