← Library
Patna High CourtCR. MISC./62518/2018bail granted

Dewan Singh @ Dev Nandan Singh And ORS v. The State Of Bihar

2018-10-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62518 of 2018 Arising Out of PS.Case No. -53 Year- 2018 Thana -NAWADA MUFFASIL District- NAWADA ======================================================

1. Dewan Singh @ Dev Nandan Singh son of Late Mohan Singh

2. Satendra Singh son of Late Mohan Singh

3. Udai Singh @ Udai Kumar son of Late Mohan Singh

4. Manish Kumar son of Satendra Singh All Resident of Village- Atauya, P.S. Mufassil, District Nawadah.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hansraj For the Opposite Party/s : Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-10-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 325, 379, 307, 337, 504/34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case, in brief, is that in the backdrop of land dispute, the accused persons are alleged to have wrapped the neck of the informant with rope and started dragging. The accused persons started firing.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The

Patna High Court Cr.Misc. No.62518 of 2018 (2) dt.11-10-2018 petitioners have been falsely implicated in the present case. There is case and counter case between the parties. Both sides are said to have been injured. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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 Chief Judicial Magistrate, Nawada in connection with Muffasil P.S. Case No. 53 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T