Lok Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24113 of 2021 Arising Out of PS. Case No.-39 Year-2020 Thana- AGRER District- Rohtas ====================================================== 1.

Lok Nath Singh, aged about 70 years, male, Son of Late Mudrika Singh 2.

Dharmendra Singh, aged about 45 years, male, Son of Lok Nath Singh 3.

Upendra Singh, aged about 40 years, male, Son of Lok Nath Singh All are R/o Village- Mokar, P.S.- Agrer, District- Rohtas At Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-01-2022 Heard the counsel for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Agrer P.S. Case No. 39 of 2020, dated 28.07.2020, instituted for the offences under Sections 147, 148, 149, 307, 323, 341, 354, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act. Several persons have been made accused in this

Patna High Court CR. MISC. No.24113 of 2021(2) dt.13-01-2022 2/3 case out of whom seventeen persons have been named in the F.I.R.

It has been submitted on behalf of the petitioners that the occurrence took place because of a dispute over a plot of land. Because of such dispute, there was a scuffle between the parties who were staking their respective claims over the said plot of land. The act of firing has been attributed to another accused person whose bail application has been rejected.

The petitioners, it has been argued, though are alleged to have been armed with lethal weapons and are also said to have made attempts at strangulating one of the victims, but there is no corresponding injury with respect to the act of assault attributed to them.

It has further been submitted that merely because the petitioners have advised one of the parties to the dispute with regard to his legal rights, they too have been made accused in this case.

The injury report of the sole injured person also does not inspire confidence as it appears to have been issued

Patna High Court CR. MISC. No.24113 of 2021(2) dt.13-01-2022 3/3 by a private hospital, which is in the nature of a certificate. Apart from this, it has been submitted that some of the other accused persons of this case have been granted anticipatory bail by different Benches of this Court. Regard being had to the facts afore-stated and taking into account that the petitioners have clean antecedents, they, in the event of their arrest or surrender before the learned Court below within a period of four weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Sasaram at Rohtas in connection with Agrer P.S. Case No. 39 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T