Dipak Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44545 of 2017 Arising Out of PS.Case No. -173 Year- 2017 Thana -GARKHA District- SARAN ======================================================
1. Dipak Singh, Son of Ram Ekbal Singh.
2. Subhash Singh, Son of Late Ram Singh.
Both are resident of village- Bangara, P.S.- Garkha, District- Saran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh, Adv. For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP ======================================================
CORAM:
HONOURABLE MR.
JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-12-2017 Heard the parties.
This application, for grant of anticipatory bail, arises out of Garkha P.S. Case No. 173 of 2017, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. It is the specific case of the petitioners that there is an old land dispute between the parties for which Title Suit No. 186 of 1995 has been filed by the coaccused, namely, Ram Ekbal Singh, which is pending in the Court of learned Munsif-II, Saran at Chapra. It is submitted on behalf of the petitioners that because of the dispute a false case has been registered,
Patna High Court Cr.Misc. No.44545 of 2017 (3) dt.20-12-2017 2/3 which is a counter blast of an F.I.R., registered by coaccused, Ram Ekbal Singh, being Garkha P.S. Case No. 172 of 2017. It has also been submitted that though there is allegation of assault by Farsa etc., there is no injury report available.
The case diary was called, which has been received. Learned Additional Public Prosecutor, appearing on behalf of the State, has not been able to point out the injuries sustained by the prosecution side.
Considering the facts and circumstances of the case and the submission aforesaid, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Saran, Chapra, in connection with Garkha P.S. Case No. 173 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required
Patna High Court Cr.Misc. No.44545 of 2017 (3) dt.20-12-2017 3/3 and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Praveen-II/- U T