Manoj Kumar Singh @ Manoj Kr. Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48058 of 2021 Arising Out of PS. Case No.-250 Year-2020 Thana- AMNAUR District- Saran ====================================================== 1.
MANOJ KUMAR SINGH @ MANOJ KR. SINGH Son of Late Baijnath Singh Resident of Village- Gyaspur, P.S.- Amnour, District- Saran. 2.
Anand Kumar @ Anand Kr. Singh Son of Late Baijnath Singh Resident of Village- Gyaspur, P.S.- Amnour, District- Saran. 3.
Sangita Singh @ Sangita Devi Wife of Manoj Kumar Singh Resident of Village- Gyaspur, P.S.- Amnour, District- Saran. 4.
Rita Devi Wife of Anand Kumar Singh Resident of Village- Gyaspur, P.S.- Amnour, District- Saran.
5.
Nagendra Mishra Son of Late Jasoda Mishra Resident of Village- Gyaspur, P.S.- Amnour, District- Saran.
6.
Upendra Singh Son of Late Raghunath Singh Resident of VillageMathgautam, P.S.- Thawe, District- Gopalganj. 7.
Shri Ram Kumar @ Sri Ram Singh Son of Upendra Singh Resident of Village- Mathgautam, P.S.- Thawe, District- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Harish Kumar, Advocate For the State :
Mr. Kumar Veerendra Narayan, APP For the Informant :
Mr. Neeraj Kumar Alias Sanidh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-05-2023 Learned counsel for the petitioners and learned counsel appearing on behalf of the informant have filed supplementary affidavits, which are kept on record. Heard learned counsel for the parties.
Petitioners apprehend their arrest in connection with Amnour P.S. Case No.250 of 2020, registered for the offences punishable under Sections 341, 323, 420, 464, 467, 468, 471,
Patna High Court CR. MISC. No.48058 of 2021(7) dt.16-05-2023 2/3 474, 384, 504, 506 and 34 of the Indian Penal Code. The petitioners in connivance with the officials of Mining Department are said to have interpolated their names on concerned documents and they claim that brick kiln belongs to them. It is further alleged that the petitioners demanded rangdari.
Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. The petitioners have got criminal antecedents as stated in paragraph-3 of the bail petition. It is submitted that petitioners and informant are agnates and there is land dispute between the parties. It is further submitted that a partition suit being Partition Suit No.387 of 2012 is going on between the parties. It is submitted that the said chimney belongs to the petitioners.
Learned APP for the State as well as learned counsel for the informant opposed the prayer for grant of anticipatory bail to the petitioners by submitting that petitioners have suppressed their criminal antecedents in the main petition, but later on, they disclosed about their criminal antecedents by filing supplementary affidavit.
Taking into consideration the facts aforesaid and the
Patna High Court CR. MISC. No.48058 of 2021(7) dt.16-05-2023 3/3 fact that both sides are agnates and a partition suit is going on between the parties, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 9th, Chapra, Saran in connection with Amnour P.S. Case No.250 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J) S.KUMAR/- U T