Patna High CourtCR. MISC./27682/2020partly allowed disposal

Rakesh Kumar Singh v. The State Of Bihar

2020-11-26Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 27682 of 2020 Arising Out of PS. Case No.-7 Year-2020 Thana- SIDHWALIYA District- Gopalganj ====================================================== 1.

RAKESH KUMAR SINGH S/o Nagendra Singh Resident of VillageHimmatpur, P.S.-Sidhwalia, District-Gopalganj. 2.

Yogendra Singh S/o Late Ramayan Singh Resident of Village-Himmatpur, P.S.-Sidhwalia, District-Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-11-2020 Heard counsel for the petitioners and counsel appearing on behalf of the State.

The petitioners are apprehending arrest in connection with Sidhwalia P.S. Case No. 07 of 2020 for offences under Sections 341, 323, 324, 307, 504 and 379/34 IPC.

Having regard to the nature of allegation against petitioner no.1 (Rakesh Kumar Singh), the Court is not inclined to grant privilege of anticipatory bail to him. The prayer is rejected.

However, in the event petitioner no.1 surrenders and pray for regular bail before the court below, it shall be

Patna High Court CR. MISC. No. 27682 of 2020(2) dt.26-11-2020 2/2 disposed of on the same day without being prejudiced by rejection of his anticipatory bail by this Court. So far as petitioner no.2 (Yogendra Singh) is concerned, considering the fact that there is land dispute between the parties, there is no specific allegation against him and he is aged about 70 years, the Court is inclined to grant bail to petitioner no.2 (Yogendra Singh). Let the petitioner no.2, above named, in the event of arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 50,000/- (Fifty Thousand) with two sureties of the like amount each to the satisfaction of Sushree Sobhana Tripathi, Judicial Magistrate, Ist Class, Gopalganj in connection with Sidhwalia P.S. Case No. 7 of 2020, subject to the conditions as laid down under Section 438(2) Cr. P. C.

(Anil Kumar Upadhyay, J) spandey/- U T