Raghav Singh @ Raghav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28710 of 2018 Arising Out of PS.Case No. -190 Year- 2018 Thana -BANKA District- BANKA ====================================================== Raghav Singh @ Raghav Kumar son of Ganesh Singh, resident of MohallaBabu Tola, P.S. & District- Banka. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.N.K.Agrawal, Sr.Advocate. Mr. Manoj Kumar Jha For the Opposite Party/s : Smt. Veena Rani Prasadd,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-05-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks pre-arrest bail in connection with Banka P.S. Case No.190 of 2018 registered for the offences under Sections 147, 148, 149, 307, 353 of I.P.C. and Sections 25(1-b), (1-a)A, 26, 27 and 35 of the Arms Act.
Accusation is that on receiving secret information on 10.03.2018 at 8.15 A.M. about assembling of miscreants for giving illegal possession in respect to disputed land the informant being police officer reached near the place of occurrence and found some persons standing in suspicious condition who on seeing the police party moved towards Kateli Chowk. When they were stopped then they started firing, police also made firing four
Patna High Court Cr.Misc. No.28710 of 2018 (2) dt.09-05-2018 2/3 rounds in counter. Thereafter all the miscreants started fleeing away but four were apprehended who disclosed their names as Suraj Singh, Lalan Singh, Rakesh Singh and Sitesh Singh. Lalan Singh and Suraj Singh were found in possession of loaded a country made pistols as well as two motor cycles. They also disclosed the name of petitioner and Munna Tiwari succeeded in fleeing away.
Learned counsel appearing on behalf of the petitioners submits that, in fact, plot in dispute measuring an area of 171.38 decimals in mouza Kateli belongs to Kumod Narayan Singh and his co-sharer and he executed the agreement to sell in favour of the petitioner. Bhutkeshwar Roy and others had filed Title Suit No.45 of 2001 in the court of Sub Judge-1st , Banka against Kumod Narayan Singh and others which was dismissed on 25.11.2013 and in spite of that Bhutkeshwar Roy after taking in collusion in police station, Banka lodged the present case. The petitioner has no criminal antecedent.
Having considered the facts and the circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within six weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M.,
Patna High Court Cr.Misc. No.28710 of 2018 (2) dt.09-05-2018 3/3 Banka, in connection with Banka P.S. Case No.190 of 2018 /G.R.No.780/18 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) AnilKrSinha/- U