Rajeshwar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47559 of 2018 Arising Out of PS.Case No. -78 Year- 2018 Thana -MOHAMMADPUR District- GOPALGANJ ======================================================
1. Rajeshwar Singh, S/o Late Radha Kishun Singh,
2. Satya Bhushan Singh,
3. Shushil Kumar Singh Both 2 & 3 are Son of Rajeshwar Singh, All R/o Vill.- Hakam, P.S.- Mohammadpur, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-08-2018 Heard the parties. The petitioners seek anticipatory bail in connection with Mohammadpur P.S.Case No. 78 of 2018, registered for offences punishable under Sections 341, 323, 324, 307, 504, 506, 509 and 447/ 34 of the Indian Penal Code.
As per F.I.R., allegation against the petitioners is that the petitioner No. 1 is order giver and petitioner No. 2 assaulted with iron rod and petitioner No. 3 assaulted with khanti to the informant and his wife when the informant filling his boundary with soil and his wife also engaged for leveling the soil. Submission of the learned counsel for the petitioners is that the petitioners have falsely been implicated in this case and there is land dispute between them. It is also submitted that the F.I.R. does not find support from the injury report of the
Patna High Court Cr.Misc. No.47559 of 2018 (2) dt.16-08-2018 2/2 informant and injuries found on the person of informant and his wife, are simple in nature. It is further submitted that both the parties are neighbor and land dispute is prevailing between them and the petitioners have no criminal antecedents. Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named on surrender or arrest within six weeks be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Gopalganj in connection with Mohammadpur P.S.Case No. 78 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(Vinod Kumar Sinha, J) Sudha/- U T