Shiv Bachan Prasad Singh @ Shivvachan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22650 of 2024 Arising Out of PS. Case No.-655 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== 1.
Shiv Bachan Prasad Singh @ Shivvachan Singh son of Late Sitaram Singh Village- Singhaul Ps- Belaganj Dist- Gaya 2.
Pankaj Kumar son of Shiv Bachan Prasad Singh @ Shivvachan Singh Village- Singhaul Ps- Belaganj Dist- Gaya 3.
Bablu Kumar son of Shiv Bachan Prasad Singh @ Shivvachan Singh Village- Singhaul Ps- Belaganj Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shahbaj Alam, Advocate For the Opposite Party/s :
Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Belaganj P.S. Case No. 655 of 2023 instituted under Sections 323, 341, 504, 506, 308, 354 and 34 of the Indian Penal Code.
3. As per the prosecution case, all the accused persons including the petitioners uprooted the Papaya tree from the field of the informant and on protest, the petitioners assaulted the wife, daughter, nephew and niece of the informant.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.22650 of 2024(2) dt.15-04-2024 2/2 petitioners are innocent and have been falsely implicated in this case and there is case and counter case between the parties due to dispute regarding drain water. Both the parties are gotiya and next door neighbour. He further submits that the petitioner no. 1 is old person aged about 73 years and petitioner nos. 2 and 3 are sons of petitioner no. 1. The petitioners have no criminal antecedent and they are ready to co-operate in the investigation and the trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to each to the satisfaction of the learned C.J.M., Gaya in connection with Belaganj P.S. Case No. 655 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) ashishkr/- U T