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Patna High CourtCR. MISC./27058/2019allowed

Nitu Singh @ Neetu Singh v. The State Of Bihar

2019-05-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27058 of 2019 Arising Out of PS. Case No.-195 Year-2017 Thana- KHIJARSARAI District- Gaya ====================================================== 1.

NITU SINGH @ NEETU SINGH Son of Nawal Singh 2.

Appu Singh Son of Jay Ram Singh 3.

Chandan Kumar @ Chandan Singh Son of Jay Ram Singh All are resident of Village - Ismailpur, P.S.- Khizer Sarai, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-05-2019 Heard the learned counsel for the petitioners and learned APP for the State.

The petitioners seek anticipatory bail in connection with Khizer Sarai PS Case No. 195 of 2017 registered for the offences punishable under Sections 147, 148, 149, 427, 323,506, 379, 447 and 385 of the Indian Penal Code.

The allegation is that the petitioners and other accused persons were trying to destroy the boundary wall of the informant side and upon protest, they had snatched cash from the school running in the premises, which was covered by the said boundary wall and had also snatched a gold chain from the brother of the informant and other articles are also alleged to have been taken away.

Patna High Court CR. MISC. No.27058 of 2019(2) dt.17-05-2019 2/2 The learned counsel for the petitioners submits that there is a civil dispute between the parties, there is no allegation of any assault on the informant side. It is further submitted that similarly situated co-accused person has already been granted anticipatory bail by this Court by an order dated 17.01.2018 passed in Criminal Miscellaneous No. 3180 of 2018. Having regard to the facts and circumstances of the case, as also considering the parity of the case of the petitioners with the petitioners of the aforesaid Criminal Miscellaneous No. 3180 of 2018, in the event of arrest or surrender within six weeks before the concerned court, the petitioners above named are directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/-(Rs.

Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. VII, Gaya in connection with Khizer Sarai P.S. Case No. 195 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.