Mohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52104 of 2021 Arising Out of PS. Case No.-9 Year-2021 Thana- KOILWAR District- Bhojpur ====================================================== 1.

Mohan singh s/o- Late Vijay Singh resident of village- phuha, p.s.- Barhara, District- Bhojpur 2.

Golu Singh Son of Hare Ram Singh Resident of Village- Phuha, P.S.- Barhara, District- Bhojpur 3.

Chotu Singh Son of Satyendra Singh Resident of Village- Phuha, P.S.- Barhara, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-05-2022 Heard the parties.

The petitioners seek bail in connection with Koilwar Police Station Case No.9 of 2021, registered for offence punishable under Sections 384, 386, 307, 427 and 34 of the Indian Penal Code and 25(1-b) a, 26 and 35 of the Arms Act.

The allegation against the petitioners is that they have fired in a dispute with regard to sand mining. Learned counsel for the petitioners submits that they are representative of the company who was given the contract of sand mining and but he has not produced any document with regard to the contract.

Learned counsel for the petitioners also relies upon the

Patna High Court CR. MISC. No.52104 of 2021(2) dt.05-05-2022 2/2 order of this Court passed on 16.12.2021 in Cr. Misc. No. 27622 of 2021, by which one of the co-accused was granted anticipatory bail as he was representative of the company.

The contention of the petitioner in this case is fit to be rejected as even if they represent the company they cannot be allowed to fire or indulge in firing over any dispute. If they were representing the company as there is illegal activities was going on, they could have protested and then approached the police but they cannot indulge in firing.

Considering the facts and circumstances of the case the application for anticipatory bail is rejected. Petitioners are directed to surrender within four weeks before the court below.

(Sandeep Kumar, J) S.Katyayan/- U T