Sandip Singh @ Sandip Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54546 of 2015 Arising Out of PS.Case No. -564 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sandip Singh @ Sandip Kumar son of Gajendra Singh

2. Golu Singh son of Mukti Narain Singh

3. Jai Prakash Singh @ Jai Pratap Singh, son of Bachha Singh

4. Satyam Singh @ Raj Babu Singh son of Braj Kishore Singh

5. Mani Singh @ Mani Kumar son of Gajendra Singh All resident of village- Majuraha, P.S.- Turkaulia, District- East Champaran.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Naresh Chandra Verma, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-12-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Turkaulia P. S. Case No. 564 of 2015 registered under Section 307 and other Sections of the Penal Code and Section 27 of the Arms Act.

The contention of the petitioners is that from perusal of the FIR it would appear that the main allegation is against Braj Kishore Singh and Bablu Singh for assaulting by means of

Patna High Court Cr.Misc. No.54546 of 2015 (2) dt.09-12-2015 2/3 Kariya and the allegation of firing is against co-accused Ranbir Singh. The allegation, so far as the petitioners are concerned, is general and omnibus. They assaulted the members of the prosecution party with lathi and danda. Further, there is land dispute between both the parties as the informant had encroached 10 dhurs of land of the petitioners and the petitioners were putting pressure upon him to vacate their land, which caused annoyance to the informant and others and they had assaulted the petitioner no. 3, Jai Prakash Singh for which Turkaulia P. S. Case No. 584 of 2015 was registered in which investigation is going on. It is also contended that the injuries sustained by the members of the prosecution party are all simple in nature. Furthermore, the petitioners being men of clean antecedent, have got roots in the society and are not likely to abscond or tamper with the evidence.

Learned counsel for the State has contested the matter and opposed the application for grant of anticipatory bail to the petitioners.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioners named above are directed to be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.54546 of 2015 (2) dt.09-12-2015 3/3 Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in Turkaulia P. S. Case No. 564 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Kanchan/- U T