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Patna High CourtCR. MISC./36735/2019bail granted

Ram Nath Singh v. The State Of Bihar

2019-06-17Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36735 of 2019 Arising Out of PS. Case No.-253 Year-2018 Thana- AWTARNAGAR District- Saran ====================================================== RAM NATH SINGH Son of Late Sheo Nandan Singh, Resident of Village - Manohar Basant, P.S.- Awatarnagar, Dist.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dineshwar Mishra For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Awatarnagar P.S. Case No. 253 of 2018 registered for offence punishable under sections 341, 307, 504/34 of the Indian Penal Code and section 27 of the Arms Act.

As per FIR, the informant and his brother are handicapped, went to their field for the purpose of irrigation but they saw that Umesh Singh, Prakash Singh, Rohit Singh and Chhotan Singh were irrigating their field forcibly. When the informant and his brother protested, they demanded Rs.50,000/- from them and when the informant and his brother refused, they started firing upon them and fled away from there. The learned counsel for the petitioner submits that submits that it is completely a false case which has been filed due to

Patna High Court CR. MISC. No.36735 of 2019(2) dt.17-06-2019 2/2 settle the possession of the land by filing this case and has stated that the informant and his brother are handicapped and they have not received any injury on the part of their body so it is completely a concocted case.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XI, Saran at Chapra in connection with Awatarnagar P.S. Case No. 253 of 2018, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Shivaji Pandey, J) Mahesh/- U T