Ajay Singh @ Badhak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33688 of 2024 Arising Out of PS. Case No.-635 Year-2023 Thana- DINARA District- Rohtas ====================================================== 1.

Ajay Singh @ Badhak S/O Late Tejnarayan Singh R/O- Lilawachh, P.SDinara, Distt- Rohtas. 2.

Dhananjay Singh @ Bambhola S/O - Late Tejnarayan Singh R/OLilawachh, P.S- Dinara, Distt- Rohtas 3.

Sanjay Singh @ Chhotak Son Of Late Tejnarayan Singh R/O- Lilawachh, P.S- Dinara, Distt- Rohtas 4.

Raju Singh S/O - Nandlal Singh R/O- Vill- Dinara , P.S- Dinara, DisttRohtas 5.

Manjee Rawani @ Manjee S/O- Shyam Bihari Chandravanshi R/O - VillLilawachh, P.S- Dinara, Distt- Rohtas ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Ram Sevak Chaudhary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-06-2024 Heard learned counsel for the petitioners and Mr. Ram Sevak Chaudhary, learned APP for the State.

2. The petitioners in this case are seeking pre-arrest bail in connection with Dinara P.S. Case No. 635 of 2023 registered for the offences punishable under Sections 341, 323, 147, 149, 379, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act. They have got no criminal antecedent.

3. As per the prosecution story, on 24.12.2023 at 09:30 A.M., petitioners were cutting the paddy crops of the

Patna High Court CR. MISC. No.33688 of 2024(3) dt.06-06-2024 2/3 informant. When the informant came to know about this, he along with his family members went to the field and objected them, then all the accused persons variously armed assaulted the informant and his family members with an intention to kill them as a result of which the wife and the son of the informant got seriously injured.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case due to a land dispute. It is submitted that there is case and counter case between the parties and the allegations against the petitioners are general and omnibus.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Having regard to the submissions that the alleged occurrence took place on account of a land dispute, there is a case and counter case between the parties and from Annexure 'P/4', it would appear that the land in question is recorded in the name of mother of petitioner no.1, the injuries sustained by the informant and his son are simple in nature as per Annexure 'P/3' and Annexure 'P/5' respectively, this Court directs that in case of their arrest or surrender within a period of four weeks from today, the petitioners above-named shall be released on bail in

Patna High Court CR. MISC. No.33688 of 2024(3) dt.06-06-2024 3/3 connection with Dinara P.S. Case No. 635 of 2023 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bikramganj, Rohtas at Sasaram, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) annpurna/- U T