Rajeshwar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55062 of 2016 Arising Out of PS.Case No. -46 Year- 2016 Thana -MALI District- AURANGABAD ======================================================
1. Rajeshwar Singh, S/o Late Ratan Singh,
2. Palita Devi @ Parwati Devi, W/o Rajeshwar Singh,
3. Dharamendra Singh @ Dharmendra Kumar Singh, S/o Rajeshwar Singh,
4. Shailendra Singh @ Shailendra Kumar Singh, S/o Rajeshwar Singh, All are resident of village- Barki Dhibra, P.S.- Mali, District- Aurangabad. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mrs.Meena Singh For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 22-12-2016 Heard Sri Krishna Prasad Singh, learned Senior Counsel, assisted by Smt. Meena Singh, learned counsel for the petitioners and learned Addl. Public Prosecutor. Four petitioners, apprehending their arrest in Mali P.S. Case No.46/2016 registered for the offence under Sections 307, 341, 323, 504, 506/34 of the Indian Penal Code, have prayed for grant of bail, in the event of their arrest or surrender. It was submitted by learned counsel for the petitioners that it is a counter blast to the case earlier registered from the petitioners' side. It was submitted that from the petitioners side, an F.I.R. vide Aurangabad Sadar Mali P.S. Case No.45/2016 registered for the offence under Sections 307, 379,
Patna High Court Cr.Misc. No.55062 of 2016 (2) dt.22-12-2016 2/3 341, 323, 504, 506/34 of the Indian Penal Code and thereafter the present F.I.R. was lodged. He further submits that there is land dispute in between the parties. It was also submitted that the petitioners are having clean antecedent and this fact has been stated in paragraph-3 of the petition.
Learned Addl. Public Prosecutor has opposed the prayer for anticipatory bail of the petitioners. He submits that there is serious injury on the part of the informant side of the present case.
Keeping in view the nature of accusation, clean antecedent of the petitioners as well as considering the fact that from the petitioners side, earlier case was registered, there is no reason to deny the privilege of anticipatory bail to the petitioners. Accordingly, let the aforesaid four petitioners, namely, (i) Rajeshwar Singh (ii) Palita Devi @ Parwati Devi (iii) Dharamendra Singh @ Dharmendra Kumar Singh and (iv) Shailendra Singh @ Shailendra Kumar Singh, in the event of their arrest or surrender within six weeks from today, be released on 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 Sandeep Agnihotary, Judicial Magistrate, 1st Class, Aurangabad in connection with Mali P.S. Case No.46/2016, subject to conditions
Patna High Court Cr.Misc. No.55062 of 2016 (2) dt.22-12-2016 3/3 as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) NKS/- U T