Narendra Singh @ Narendra Kumar Singh @ Mohan Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19100 of 2017 Arising Out of PS.Case No. -139 Year- 2015 Thana -SINGHIYA District- SAMASTIPUR ======================================================

1. NARENDRA SINGH @ NARENDRA KUMAR SINGH @ MOHAN SINGH, Son of Late Shyam Kishore Singh.

2. Dharmendra Singh @ Dharmendra Kumar Singh @ Dharvendra Kumar Singh.

3. Jitendra Kumar Singh @ Jitendra Singh. Both are sons of Mohan Singh.

4. Ramashish Mahto, Son of late Doman Mahto. All are resident of Village Mahe, P.S. Singhiya, District Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jagdish Prasad Singh For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 25-05-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Singhiya P.S. Case No. 139 of 2015 for the offences punishable under sections 143, 447, 384, 387 and 379 of the I.P.C.

Allegedly, co-accused Dilip Singh looted away Rabi crops worth Rs. 80,000/- and the fuel woods of Rs. 3,000/- from Mahanth Shiveshwar Das as ransom. The petitioners are only associates of the said Dilip Singh and there is no overt act against

Patna High Court Cr.Misc. No.19100 of 2017 (2) dt.25-05-2017 2/3 them.

On behalf of the petitioners it is submitted that they have been falsely implicated in this case. The FIR has been lodged after much delay. The alleged date of occurrence is 17.04.2014, whereas, the FIR has been instituted on 27.07.2015. The delay has not been explained by the prosecution and as such the petitioners deserve sympathetic consideration.

The learned A.P.P. submits that petitioner nos. 1 and 2 have got criminal antecedents and they are named in the FIR. In the facts and circumstances as stated above, I am not inclined to grant privilege of pre-arrest bail to the petitioner nos. 1 and 2, namely, Narendra Singh @ Narendra Kumar Singh @ Mohan Singh and Dharmendra Singh @ Dharmendra Kumar Singh @ Dharvendra Kumar Singh and accordingly their prayer for pre-arrest bail stands rejected.

So far petitioner nos. 3 and 4, namely, Jitendra Kumar Singh @ Jitendra Singh and Ramashish Mahto are concerned, they have got no criminal antecedents and as such they, in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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.

Patna High Court Cr.Misc. No.19100 of 2017 (2) dt.25-05-2017 3/3 S.D.J.M. Rosera, District- Samastipur in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T