Siyaram Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25042 of 2018 Arising Out of P.S.Case No. -86 Year- 2018 Thana -BRAHMPUR District- BUXAR ======================================================
1. Siyaram Singh, S/o Late Shalik Singh,
2. Dhirendra Singh @ Dhuran Singh, S/o Late Suresh Singh,
3. Sri Bhagawn Singh @ Sri Bhagwan Singh, S/o Late Suresh Singh,
4. Shashi Kant Singh, S/o Late Ashok Singh, all are Resident of VillageArak (Western Tola) P.S.- Krishna Braham, District- Buxar. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rang Nath Choubey For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 27-04-2018 Heard.
The petitioners apprehend arrest in connection with Brahampur (Krishna Braham) P.S.Case No.86 of 2018 registered for an offence under section 307 and others Sections of the IPC as well as 27 of the Arms Act.
The allegation as per FIR is that in course of measurement of a land these petitioners along with ten others came over his land and brutally assaulted the informant and his family members.
Learned counsel for the petitioners submits that the allegation is omnibus. It is alleged that for about 10 to 14 persons assaulted the informant but the doctor has reported only one injury which is simple in nature. There is also a counter case bearing case no.87 of 2018 from the side of the petitioners. There is also
Patna High Court Cr.Misc. No.25042 of 2018 (2) dt.27-04-2018 2/2 a bonafide land dispute between the parties and the petitioners have no criminal antecedent.
The learned APP opposed the submissions.
Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioners in the event of their arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of CJM, Buxar in connection with Brahampur (Krishna Braham) P.S.Case No.86 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Sanjay Kumar, J) B.Kr./- U