Harendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22905 of 2020 Arising Out of PS. Case No.-16 Year-2020 Thana- KOTWA District- East Champaran ====================================================== 1.

HARENDRA SINGH, Son of Late Jagarnath Singh, Resident of VillageKotwa, P.S.- Kotwa, Distt- East Champaran. 2.

Pankaj Singh @ Pankaj Kumar Singh, S/o Harendra Singh, Resident of Village- Kotwa, P.S.- Kotwa, Distt- East Champaran. 3.

Amit Kumar Singh @ Amit Kumar, S/o Harendra Singh, Resident of Village- Kotwa, P.S.- Kotwa, Distt- East Champaran. 4.

Sunil Singh, S/o Late Rupnarayan Singh, Resident of Village- Kotwa, P.S.- Kotwa, Distt- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-10-2020 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Kotwa P.S. Case No. 16 of 2020 for the offence under Sections 147, 148, 149, 323, 324, 307, 354(B), 379, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent. He further submits that the petitioners and the informant are Gotia and there is land dispute. He submits that there is case and counter case. Petitioner Harendra Singh also lodged case against the

Patna High Court CR. MISC. No.22905 of 2020(2) dt.01-10-2020 2/2 informant and others vide Kotwa P.S. Case No. 15 of 2020. Considering the fact that the petitioners have got no criminal antecedent and also the fact that petitioners and informant are Gotia and there is land dispute for which Title Suit No.69 of 2013 is pending, the petitioners named above, in the event of arrest or surrender before the court below within one month from the date of communication of this order, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Kotwa P.S. Case No.

16 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with the further condition that each of the petitioner shall deposit Rs.10,000/- (Ten thousand) cash in the court below and the same shall be abide by the final outcome in the trial i.e. if the petitioners are acquitted the amount of Rs.10,000/- shall be refunded in favour each of the petitioner, otherwise it shall be forfeited.

(Anil Kumar Upadhyay, J) uday/- U T