Prabhu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40211 of 2022 Arising Out of PS. Case No.-50 Year-2022 Thana- PHENHARA District- East Champaran ====================================================== 1.
Prabhu Singh Son Of Late Malik Singh R/O Village- Khan Pipra, P.S.- Fenhara, District- East Champaran At Motihari 2.
Anil Kumar Singh Son Of Late Baidyanath Singh R/O Village- Khan Pipra, P.S.- Fenhara, District- East Champaran At Motihari 3.
Sunil Kumar Singh Son Of Late Baidyanath Singh R/O Village- Khan Pipra, P.S.- Fenhara, District- East Champaran At Motihari 4.
Nagendra Singh Son Of Late Raghunath Singh R/O Village- Khan Pipra, P.S.- Fenhara, District- East Champaran At Motihari 5.
Jagarnath Singh Son Of Late Parikchan Singh R/O Village- Khan Pipra, P.S.- Fenhara, District- East Champaran At Motihari 6.
Mintu Singh Son Of Jagarnath Singh R/O Village- Khan Pipra, P.S.- Fenhara, District- East Champaran At Motihari 7.
Amarnath Singh Son Of Sunil Singh R/O Village- Khan Pipra, P.S.- Fenhara, District- East Champaran At Motihari ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dipak Kumar For the Informant : Mr. Anil Kumar For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-11-2022 At the outset, counsel for petitioners seeks permission to withdraw the anticipatory bail application of Anil Kumar Singh petitioner no. 2.
Permission is granted. The anticipatory bail application with respect to petitioner no. 2 is dismissed as withdrawn.
Heard learned counsel for the petitioners and learned
Patna High Court CR. MISC. No.40211 of 2022(2) dt.28-11-2022 2/3 counsel for the State.
The petitioner nos. 1, 3, 4, 5, 6 and7 apprehend their arrest in a case registered for the offences punishable under Sections 447, 386, 387, 504, 506 and 34 of the Indian Penal Code.
As per the prosecution case, petitioners prevented the informant from ploughing the land and demanded Rs. Five lakhs in lieu of cutting the crops.
It is submitted that due to dispute over possession of land between the parties altercation took place between the parties. There is case and counter case. Proceeding under Section 144 is pending between the parties. Petitioners have purchased the land in question through valid sale deed No. 4062 and 4063 dated 21.12.2021. Petitioners claim clean antecedents. Counsel for informant however vehemently opposed the prayer for bail.
Considering the backdrop in which altercation took place and clean antecedents, the petitioner nos. 1, 3, 4, 5, 6 and 7 above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten
Patna High Court CR. MISC. No.40211 of 2022(2) dt.28-11-2022 3/3 thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, East Champaran, Motihari in connection with Fenhara P.S. Case No. 50 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T