Om Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42009 of 2023 Arising Out of PS. Case No.-15 Year-2017 Thana- RANIYATALAB District- Patna ====================================================== 1.

OM NATH SINGH SON OF BANSH ROPAN SINGH RESIDENT OF VILLAGE - KORHAR, PS- BIHTA, DISTT- PATNA 2.

SATENDRA SINGH @ SATENDRA SHARMA @ SATENDRA NARAYAN SON OF AAGRANAND SHARMA RESIDENT OF VILLAGE - BARHA, PS- RANI TALAB, DISTT- PATNA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

OMKAR SHARMA SON OF RAVINDRA SINGH RESIDENT OF VILLAGE - PATUT, PS- RANI TALAB, DISTT- PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma, Adv.

For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP.

Mr. Rajesh Kumar, Adv.

Mr. Baidya Nath Thakur, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 420, 406, 506, 323, 120(B)/34 of the Indian Penal Code. 3(a). The prosecution case, in brief, is that the informant, witness Ravindra Prasad Keshri and these petitioner are the partners of bricks kiln namely "Ganga Eit Bhatta" in which each has 1/3rd share. A partnership deed dated 12.01.2016 was also

Patna High Court CR. MISC. No.42009 of 2023(4) dt.07-11-2023 2/3 made.

3(b). It is further alleged that the petitioners have grabbed Rs. 10,25,000/- and Rs. 7,63,000/- of the complainant and the witness, respectively.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Both the parties are partners of bricks kiln namely "Ganga Eit Bhatta", but after some dispute, the present case was filed against the petitioners. It is further submitted that there is partnership related dispute between the parties. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is civil dispute between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two

Patna High Court CR. MISC. No.42009 of 2023(4) dt.07-11-2023 3/3 sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Rani Talab P.S. Case No. 15 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T