Raghuvansh Mani Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11378 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -MOKAMAH District- PATNA ======================================================

1. Raghuvansh Mani Singh

2. Deena Singh, both sons of Late Ramchandra Singh

3. Parushotam Kumar, son of Late Vishwanath Singh. All are residents of village - Brahpur, P.S. - Mokama, Dist - Patna. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Anand Kumar, Advocate For the Opposite Party/s : Mr. Anita Kri.Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 17-03-2016 Heard learned counsel for the petitioners as well as learned counsel for the State and learned counsel for the informant.

The petitioners apprehend their arrest in connection with Mokama P.S. Case No. 02 of 2016 for the offence punishable under Sections 147, 148, 149, 504, 307 and 323 of the Indian Penal Code and Section 27 of the Arms Act.

The informant has alleged that all the seven accused persons came near him while he was sleeping at his Dalan. On instigation of petitioner no. 1 Raghuvansh Mani Singh, Parushotam Kumar, petitioner no. 3 fired on him which fortunately did not hit. Thereafter, one Prabhat Kumar assaulted him with the butt of the pistol.

The petitioners submit that there is a land dispute between the parties and criminal cases have been instituted by

Patna High Court Cr.Misc. No.11378 of 2016 (2) dt.17-03-2016 2/2 both the sides. They further submit that there is no allegation that any assault was committed by any of the persons. Learned counsel appearing for the informant submits that subsequent to this incident, the accused persons committed another incident for which Mokama P.S. Case No. 242 of 2013 was instituted under Section 307 of the Indian Penal Code. As neither the informant nor any one else was caused any injury by them, let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Cheif Judicial Magistrate, Barh in connection with Mokama P.S.

Case No. 02 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, with further condition that the petitioners would not be physically absent for two consecutive dates at stretch till one witness is examined. When the charge is framed, the petitioners would visit nearby Police Station once in every two months and would file an affidavit to the aforesaid effect in the court below.

(Samarendra Pratap Singh, J) Vats/- U T