Bachchan Singh @ Ram Bachan Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33561 of 2018 Arising Out of PS.Case No. -82 Year- 2018 Thana -BARUN District- AURANGABAD =====================================

1. Bachchan Singh @ Ram Bachan Singh, S/o Deoraj Singh,

2. Kamta Singh S/o Deoraj Singh, Both R/o Vill.- Chandar Bigha, P.S.- Barun, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Kumar For the Opposite Party/s : Mr. Sri Arun Kumar ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-07-2018 The petitioners seek bail in anticipation of their arrest in connection with Barun P.S. Case No. 82 of 2018 dated 21.04.2018 instituted for the offences under Sections 147, 149, 341, 323, 353, 379, 504, 506 of the Indian Penal Code. In the F.I.R, it has been alleged that the petitioners and about 8-10 other miscreants manhandled the informant and the Police Party and also snatched the name plate which the informant was wearing on his shoulders. The reason assigned is that the informant tried to intercept the tractors which were unauthorizedly loaded with sand.

The learned counsel for the petitioners has submitted that both the petitioners are not the owners of the tractors nor are they in anyway concerned with the sand which was

Patna High Court Cr.Misc. No.33561 of 2018 (2) dt.03-07-2018 2/2 loaded on the tractors. The fact of the matter is that there is a barren land behind the shop of the petitioners in which the tractors are usually parked. The informant had asked the petitioners to realize Rs. 2000/- from all the tractor owners and when this was refused by the petitioners, they have been made accused in the present case.

Regard being had to the facts that petitioners are not the owner of the tractors and they do not have any concern with the sand which was found to be loaded on the aforesaid tractors, they, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 82 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Shageer/- U T