Mahendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36885 of 2019 Arising Out of PS. Case No.-20 Year-2019 Thana- NARAINPUR District- Bhojpur ====================================================== 1.

MAHENDRA SINGH Son of Ram Nath Singh Resident of Village - Baruna, P.S.- Naryanpur, District- Bhojpur 2.

Kamlesh Singh Son of Ram Nath Singh Resident of Village - Baruna, P.S.- Naryanpur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Ataul Haque For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-06-2019 Learned counsel for the petitioners states that petitioner no.2 has been arrested during the pendency of the application.

This application to the extent it relates to petitioner no.2 is dismissed as having become infructuous.

Heard.

Petitioner no.1 seeks anticipatory bail in connection with Naryanpur P.S. Case No. 20 of 2019, registered under Sections 147, 149, 341, 323, 354 and 379 of the Indian Penal Code.

It appears from the FIR itself that the petitioner and informant come from the same family. It is

Patna High Court CR. MISC. No.36885 of 2019(2) dt.17-06-2019 2/3 evident from the FIR that there is some dispute over partition between them, leading to some occurrence and lodging of the FIR.

Learned counsel, appearing on behalf of the petitioner, has submitted that the present FIR has been registered on 24.03.2019 in respect of an occurrence, which is staid to have taken place on 20.03.2019. Prior to that, the co-accused (petitioner no.2) had already got an FIR registered on 19.03.2019.

Considering the genesis of occurrence, this application is allowed. Let petitioner no.1, above named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned CJM, Ara in connection with Naryanpur P.S. Case No. 20 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the

Patna High Court CR. MISC. No.36885 of 2019(2) dt.17-06-2019 3/3 event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/- U T