Raj Kishore Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24387 of 2016 Arising Out of PS.Case No. -268 Year- 2011 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Raj Kishore Singh Son of late Nagendra Singh

2. Ajay Kumar Singh Son of late Tarni Singh

3. Shyam Kishore Singh Son of late Anjani Kr. Singh All resident of Vilage- Kalhna PS Saraia , District Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Man Mohan Kumar For the Opposite Party/s : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-06-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Saraia Police Station Case No. 268 of 2011, disclosing offences under Sections 341, 323, 324, 325, 447, 307, 427, 379, 504/34 of the Indian Penal Code, Section 27 of the Arms Act, 1959, and Sections 3/4 of the Explosive Substances Act.

Learned Counsel for the petitioners has submitted that the present First Information Report has been maliciously instituted because of the pending civil dispute between the parties. The petitioner no. 1 has filed a title suit for partition, in which the informant is defendant no. 1. The petitioners and the informant have common

Patna High Court Cr.Misc. No.24387 of 2016 (2) dt.21-06-2016 2/2 ancestors. He has further submitted that the injuries on the body of the informant's son falsify the allegations made in the First Information Report.

Considering the submissions, as above, this application is allowed.

Let the petitioners, namely, Raj Kishore Singh, Ajay Kumar Singh and Shyam Kishore Singh, 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/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate (West), Muzaffarpur, in connection with Saraia Police Station Case No. 268 of 2011, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √