Awadh Bihari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28619 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- DHANSOI District- Buxar ====================================================== Awadh Bihari Singh S/o Late Rajlal Singh R/o Vill- Karama, P.S.- Dhansoi, Dist.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Dhansoi P.S. Case No. 14 of 2019 registered for the offence punishable under Sections 341, 323, 504, 506, 307, 379/34 of the Indian Penal Code.

Petitioner along with FIR named accused persons are said to have descended at the house of the informant and mounted pressure upon him to withdraw the case filed earlier hurling abuse followed by the altercation between them. In the meantime, Gauri Shankar assaulted the informant by means of lathi. He also assaulted on the head of his mother by means of crutch inflicting bleeding head injury to her. It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence.

Patna High Court CR. MISC. No.28619 of 2019(2) dt.03-05-2019 2/2 He has been falsely implicated in this case due to land dispute. There is case and counter case between the parties. Moreover, a Title Suit is pending between the parties. Allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent. Similarly situated co-accused, namely, Harendra Singh and others have been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 16.04.2019 passed in Cr. Misc. No. 24243 of 2019.

On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar in connection with Dhansoi P.S. Case No. 14 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) rohit/- U T