Umesh Prasad Singh And ORS. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58089 of 2015 Arising Out of PS.Case No. -599 Year- 2013 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================

1. Umesh Prasad Singh

2. Chandra Mani Singh both sons of Late Narsingh Prasad Singh

3. Gunjan Prasad Singh son of Umesh Prasad Singh resident of village Barahi, P.S. Sonbarsa Raj (Kashnagar O.P.) District- Saharsa .... .... Petitioner/s

Versus

1. The State of Bihar

2. Premlal Sharma son of Late Faltu Sharma resident of village- Godrama, P.S.- Basnahi, District- Saharsa, at present Moura P.S. Sonbarsa Raj District- Saharsa .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Prasad Singh For the Opposite Party/s : Mr. Subash Chandra Mishra (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-02-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Complaint Case No. 599C of 2013, disclosing offences under Section 420 of the Indian Penal Code. Initially the petitioners were made accused in Sonbarsarj P.S. Case No. 113 of 2012 in which the police submitted final report which came to be accepted by the learned Judicial Magistrate. Thereafter, the Court has

proceeded on the basis of protest-cum-complaint petition. Learned counsel for the petitioners submits that apparently the dispute between the parties is purely civil in nature. He further submits that no tangible purpose would be served, if the petitioners are taken into custody in this case as there is no chance on their part of tampering with evidence or fleeing away from the course of investigation or trial.

In view of the submissions as above, accordingly, this application is allowed.

Let the petitioners above-named, in the event of their arrest/surrender before the Court below 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 S.Kumar, learned Judicial Magistrate Ist Class, Saharsa in connection with Complaint Case No. 599C of 2013, subject to the conditions as laid down under Section 438 of the Cr.P.C. This is subject to the condition that the petitioner shall present themselves before the police/Court, as the case may be, as and when required 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) ArunKumar/- U