Shivpujan Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46052 of 2017 Arising Out of PS.Case No. -106 Year- 2017 Thana -FATUHA District- PATNA ======================================================

1. Shivpujan Singh S/o late Babu Lal Singh

2. Pappu Kumar S/o Sri Shivpujan Singh

3. Rohit Kumar S/o Sri Mantu Singh All R/o Vill +P.O.- Parsa, P.S. Fatuha, Distt. Patna.

4. Munna Ram S/o late Lala Ram R/o Vill- Prahlad Chak, P.S. Fatuha, Distt. Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Binode Bariar For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-10-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Fatuha P.S.Case No. 106 of 2017 registered under Sections 147, 148, 149, 307, 384, 506 of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted by the learned counsel for the petitioners that the First Information Report is based upon hearsay. No person was apprehended from the place of occurrence so as to connect them with the said crime. Nothing incriminating has been recovered from the house or possession of the petitioners. He

Patna High Court Cr.Misc. No.46052 of 2017 (2) dt.04-10-2017 2/2 further submitted that the land, which has been described in the FIR as disputed, had been gifted to the wife of petitioner no.1, namely, Smt. Usha Devi by her father-in-law way back in 1974 for which Jamabandi had been created and the wife of the petitioner no.1 is paying rent to the Government. He submitted that the petitioners have got no criminal antecedent and no one sustained any injury in the alleged incident.

Learned counsel for the State has opposed the prayer for grant of pre-arrest bail of the petitioner. Considering the nature of allegations and submissions made above, in the event of arrest or surrender before the court below within four weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st C;lass, Patna City in connection with Fatuha P.S.Case No. 106 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T