Ram Vaneshwar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46899 of 2017 Arising Out of PS.Case No. -35 Year- 2017 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Ram Vaneshwar Singh, son of Late Garjan Singh

2. Radheshyam Singh, son of Late Garjan Singh

3. Jitendra Kumar, son of Ram Vaneshwar Singh All residents of village - Nouwan, P.S. Dinara, District - Rohtas. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ganesh Prasad Singh, Advocate For the informant : Mr. Rajesh Kumar Singh, Advocate. For the Opposite Party/s : Smt Indu Kumari Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-10-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Dinara P.S. Case No. 35 of 2017 instituted for the offence under Sections 147, 148, 149, 323, 325, 447, 324, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act.

It has been submitted on behalf of the petitioners that there is free fight between both the parties over land dispute. The counter case has also been filed by the brother of petitioner Nos. 1 and 2 against the informant and others vide Dinara P.S. Case No. 36 of 2017. In that case, the brother of petitioner Nos. 1 and 2 is said to have sustained injury.

Patna High Court Cr.Misc. No.46899 of 2017 (2) dt.11-10-2017 2/3 In the instant case, there is allegation that all these petitioners assaulted the informant. Besides this, there is specific allegation against Rajvansh of assaulting the informant with Bhala and Rami.

It is mentioned in paragraph-3 of the bail petition that petitioners have no criminal antecedent.

Counsel for the informant has appeared and opposed the prayer for anticipatory bail.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Dinara P.S. Case No. 35 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Lal Bihari Paswan, learned Judicial Magistrate, 1st Class, Bikramganj (Rohtas), subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will

Patna High Court Cr.Misc. No.46899 of 2017 (2) dt.11-10-2017 3/3 automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T