Daya Shankar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42727 of 2023 Arising Out of PS. Case No.-547 Year-2022 Thana- AMARPUR District- Banka ====================================================== 1.
Daya Shankar Singh Son Of Late Andolan Singh Resident Of VillageBhitiya, Ps- Fullidumar, Distt- Banka 2.
Narendra Singh Son Of Late Sridhar Singh Resident Of Village- Bhitiya, PsFullidumar, Distt- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 42966 of 2023 Arising Out of PS. Case No.-547 Year-2022 Thana- AMARPUR District- Banka ====================================================== Ram Padarath Singh @ Ram Padarat Singh Son Of Late Andolan Singh Resident Of Village- Bhitiya, Ps- Fullidumar, Distt- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 42727 of 2023) For the Petitioner/s :
Mr.Md. Nurul Hoda For the Opposite Party/s :
Mr.Amitesh Kumar (In CRIMINAL MISCELLANEOUS No. 42966 of 2023) For the Petitioner/s :
Mr.Md. Nurul Hoda For the Opposite Party/s :
Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners and
Patna High Court CR. MISC. No.42727 of 2023(2) dt.10-08-2023 2/3 learned A.P.P. for the State.
3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 149, 341, 323, 307, 379, 504, 506 of the Indian Penal Code.
4. As per the prosecution prosecution case, the petitioners along with other co-accused persons is said to have demanded extortion money from the informant and when the informant refused to give the same, then they assaulted the informant and his family members.
5. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. He submits that there is case and counter case between the parties, both sides have sustained grievous injury. Similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 20.07.2023 passed in Cr. Misc. No. 22197 of 2023. Petitioners of Cr. Misc. No. 42727 of 2023, i.e. petitioner no. 1 has three criminal antecedents and petitioner no. 2 has no criminal antecedent, petitioner in Cr. Misc. No. 42966 of 2023 has three criminal antecedents as mentioned in para-3 of this
Patna High Court CR. MISC. No.42727 of 2023(2) dt.10-08-2023 3/3 application.
6. Learned APP for the State opposes prayer for anticipatory bail.
7. Having regard to the facts and circumstances of the case, 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 sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Amarpur (Fullidumar) P.S. Case No.547 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T