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Patna High CourtCR. MISC./25576/2022allowed

Arun Kumar Singh v. The State Of Bihar

2022-10-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25576 of 2022 Arising Out of PS. Case No.-372 Year-2021 Thana- DALSINGHSARAI District- Samastipur ====================================================== 1.

ARUN KUMAR SINGH SON OF LATE RAM SHARAN SINGH R/O VILLAGE- PAGRA, P.S.- DALSINGHSARAI, DISTRICT- SAMASTIPUR 2.

AAKASH KUMAR SINGH SON OF SWARAJ SINGH R/O VILLAGEPAGRA, P.S.- DALSINGHSARAI, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmesh Kumar For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-10-2022 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under section 447, 341, 323, 384, 385, 504/34 of the IPC.

Allegedly, the petitioners alongwith other accused persons demanded extortion from the informant and also abused and assaulted him. It is further alleged that they threatened to kill if the work is continued to be done by the informant. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.25576 of 2022(3) dt.19-10-2022 2/2 allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is an admitted land dispute between the parties. He further submits that the said land belongs to the petitioner and earlier the informant has filed a case under the same offence against the petitioners. Petitioner no.1 has four criminal antecedent and petitioner no.2 has two criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is an admitted civil dispute between the parties, let the above named petitioners be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Dalsingsarai P.S. Case No.372 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