Ram Prasad Singh And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42161 of 2014 Arising Out of PS.Case No. -384 Year- 2013 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Ram Prasad Singh, S/o Jai Mangal Singh

2. Kishuni Singh, S/o Jai Mangal Singh

3. Niraj Kumar Singh, S/o Basawan Singh

4. Sanjay Singh, S/o Kishuni Prasad Singh

5. Suresh Tiwary, S/o Raghunandan Tiwary

6. Ganga Paswan, S/o Late Ram Bhagu Paswan.

All are residents of Village Kuiya, P.S. Saraiya, District Muzaffarpur. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha, Advocate For the Opposite Party/s : Mr. Ajay Kumar-I (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 27-03-2015 Heard the learned counsel for the petitioners and the learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code.

It is submitted that there has been case and counter case between both the parties. The allegation of assault and taking money is against co-accused Bansi Lal and Basawan Singh. The allegation against the petitioner Suresh Tiwary is to have taken the golden Hanumani and the allegation against the

Patna High Court Cr.Misc. No.42161 of 2014 (2) dt.27-03-2015 2/3 petitioner Sanjay Singh is to have taken the golden chain. There is no allegation of assault against the petitioners. For the same occurrence, the co-accused Basawan Singh has lodged Saraiya P.S. Case No.349/2013 for the offence punishable under Sections 307, 379 and other allied sections of the Indian Penal Code against the informant and others. Moreover, both the parties after realizing the difference, compromised the case. The petitioners have no criminal antecedents.

Considering the facts and circumstances of the case, let the petitioners, above-named, be released on bail in the event of arrest or surrender within a period of four weeks on furnishing bail bonds of Rs.10,000/-each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate (West), Muzaffarpur in Saraiya P.S. Case No.384 of 2013 subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure and the other following conditions :

1.

One of the bailors will be the close relative of the petitioners.

2.

The petitioners will not indulge in similar or in any other offence.

3.

The petitioners will be well represented in

Patna High Court Cr.Misc. No.42161 of 2014 (2) dt.27-03-2015 3/3 the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, their bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T