Ram Chela Singh And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.46796 of 2015 (2) dt.16-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46796 of 2015 Arising Out of PS.Case No. -172 Year- 2015 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Ram Chela Singh Son of Brij Mohan Singh

2. Sunil Singh Son of Ram Chela Singh Both Resident of Mohalla - Sheoganj, P.S.- Arrah Nagar, District - Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 16-10-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners pray for anticipatory bail in connection with Arrah Nawada P.S. Case No.172 of 2015 registered under Section 307 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the petitioners and the informant are agnates and a land dispute between the parties is pending and in a proceeding under Section 144 of the Cr.P.C., the decision was given in favour of the petitioners.

It is further submitted by learned counsel for the petitioners that the Sub-divisional Police Officer, Sadar, Arrah in his supervision note did not find the case regarding firing having

Patna High Court Cr.Misc. No.46796 of 2015 (2) dt.16-10-2015 been supported by any independent witness and recommended the case for submission of charge sheet only under Section 504 I.P.C. It is contended by him that on a consideration of the matter, the Superintendent of Police has also held that no independent witnesses have supported the case of firing and has come to the conclusion that the case appears to be true under Sections 447, 384 and 504/34 I.P.C. against the petitioners and other accused persons.

On a consideration of the facts and circumstances of the case, it is directed that the petitioners, (1) Ram Chela Singh and

(2) Sunil Singh, in the event of their arrest/surrender in the court below within four weeks from today, shall be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Arrah in connection with Arrah Nawada P.S. Case No.172 of 2015 dated 12.05.2015, subject to the other conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ramesh Kumar Datta, J) V.P.Sinha/- U