Patna High CourtCR. MISC./46205/2017bail granted

Mahesh Prasad Singh And ANR v. The State Of Bihar

2017-10-17Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46205 of 2017 Arising Out of PS.Case No. -311 Year- 2017 Thana -PIRBAHOR District- PATNA ======================================================

1. Mahesh Prasad Singh, Son of Late Triyugi Narayan Singh,

2. Raja @ Rohit @ Rohit Singh, Son of Mahesh Prasad Singh, Both R/o Mohalla- Makhaniya Kuan, P.S.- Pirbahore, District- Patna. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Dronacharya, Advocate For the Opposite Party/s : Mr. Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 17-10-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Pirbahore P.S. Case No. 311 of 2017 registered under Sections 451, 379, 504 and 506 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that the whole case is a counter blast of two civil suits between the parties, vide Title Suit No.335 of 1997 and Title Suit No.105 of 2008 pending before the learned

Patna High Court Cr.Misc. No.46205 of 2017 (2) dt.17-10-2017 Sub-Judge-4th, Patna and learned Sub-Judge-3rd, Patna respectively. He submitted that the informant is nephew of petitioner no.1 Mahesh Prasad Singh and cousin brother of petitioner no.2 Raja @ Rohit @ Rohit Singh. They have no criminal antecedent and having roots in the society, they are not likely to abscond or tamper with the evidence. Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioners. Considering the nature of the offence and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna in connection with Pirbahore P.S. Case No. 311 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T