Krishna Bihari Singh @ Tejnarayan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23610 of 2022 Arising Out of PS. Case No.-455 Year-2021 Thana- JAGDISHPUR District- Bhojpur ====================================================== KRISHNA BIHARI SINGH @ TEJNARAYAN SINGH S/o Chandrika Singh R/o village- Judge Bharsara, P.S.- Bihiya, District- Bhojpur (Ara) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajendra Narayan, Sr.Adv Mr. Sunil Kumar Yadav, Adv For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2022 Heard the parties.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.
The petitioner apprehends his arrest in a case registered for the offence punishable under section 341, 323, 354, 379, 504, 506/34 of the Indian Penal Code.
Allegedly, the petitioner along with other accused persons tried to grab the land of the informant forcibly on the point of rifle. It is further alleged that the accused persons threatened to kill her and strangulated her.
Patna High Court CR. MISC. No.23610 of 2022(2) dt.25-08-2022 2/3 It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to enmity and grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. There is an admitted land dispute between the parties. On perusal of the case diary and impugned order, it is evident that no injuries has been sustained. Petitioner has 16 criminal antecedent out of which in 11 cases he has been acquitted by the court below, as also mentioned in para-3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since there is a land dispute between the parties, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Jagdishpur P.S.
Patna High Court CR. MISC. No.23610 of 2022(2) dt.25-08-2022 3/3 Case No.455 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T