Madan Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3146 of 2015 Arising Out of PS.Case No. -274 Year- 2014 Thana -SUPAUL District- SUPAUL ======================================================

1. Madan Singh.

2. Mohan Singh.

Both Sons of Bam Shankar Singh, resident of Village-Supaul, Kharelpuran Vas, Ward No. 16, P.S. & District-Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Jha, Advocate For the Opposite Party/s : Mrs. Asha Devi, A.P.P. For the Informant : Mr. Satyendra Nr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-05-2015 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

This is an application seeking anticipatory bail in a case registered for the offences punishable under Sections 147, 323, 447, 341, 379, 504 and 506 of the Indian Penal Code. Subsequently, sections 307 and 325 of the Indian Penal Code were also added.

Referring to the First Informant Report, learned counsel for the petitioners submits that so far as petitioner no. 2 is concerned, the allegation against him is that he opened fire upon the informant which, admittedly, did not

Patna High Court Cr.Misc. No.3146 of 2015 (3) dt.19-05-2015 2/2 hit him. He has submitted that the allegation is false and has been made because of land dispute between the parties, who are closely related to each other. He has further submitted, referring to the case of the petitioner no. 1, that there is no specific allegation of assault against him. On the other hand, learned counsel for the informant has vehementally opposed the prayer of bail. Learned counsel for the petitioners appears to be right in his submission. Under the facts and circumstances of the case, let the petitioners, abovenamed, 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. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 274 of 2014 corresponding to G.R. No. 985 of 2014, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J) Praveen-II/- U T