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Patna High CourtCR. MISC./22598/2019bail granted

Raj Kumar Singh v. The State Of Bihar

2019-04-10Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22598 of 2019 Arising Out of PS. Case No.-350 Year-2018 Thana- DESARI District- Vaishali ====================================================== 1.

RAJ KUMAR SINGH Son of Late Hanuman Singh Resident of Village - Shultanpur, P.O.- Sultanpur, P.S.- Desari, Distt.- Vaishali at Hajipur. 2.

Mukesh Kumar Son of Raj Kumar Singh Resident of Village - Shultanpur, P.O.- Sultanpur, P.S.- Desari, Distt.- Vaishali at Hajipur. 3.

Rakesh Kumar Singh Son of Raj Kumar Singh Resident of Village - Shultanpur, P.O.- Sultanpur, P.S.- Desari, Distt.- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey For the State :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Desari P.S. Case No. 350 of 2018, disclosing offences under Sections 341, 323, 325 and 34 of the Indian Penal Code, including Section 27 of the Arms Act.

Learned counsel for the petitioners has submitted that, though there is allegation against petitioner no.1 of having opened fire and all the accused persons of making assault, causing injury, there is no reported injury on the person of either the informant or other persons, who are said to be the victims of the occurrence. It has also been argued that only because of the

Patna High Court CR. MISC. No.22598 of 2019(2) dt.10-04-2019 2/2 land dispute, a false case has been registered. There is a counter case also filed by one Ram Janam Singh.

Considering that there is no injury report, this application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, 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 the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Desari P.S. Case No. 350 of 2018, subject to the condition as 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) HR/- U T