Bijay Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43939 of 2016 Arising Out of PS.Case No. -163 Year- 2016 Thana -BANIAPUR District- SARAN ======================================================

1. Bijay Singh

2. Arbind Singh

3. Basant Singh

4. Pintu Singh All sons of Late Kameshwar Singh resident of VillageHansrajpur, P.S.- Baniapur, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 341, 323, 406, 387 and 506/34 of the Indian Penal Code.

Allegation against petitioners is that informant gave money to petitioners on the assurance of return it. But petitioners did not return the money rather assaulted and threatened him. It has been submitted on behalf of the petitioners that they have got no criminal antecedent. No allegation of tampering of witnesses is alleged against petitioners. They have been made accused due to mistake of fact. Petitioners and informant are agnates. There is admitted property dispute between the parties. It is further submitted that petitioners are ready to deposit jointly an amount of Rs. 25,000/- in the court below within a period of eight weeks from the date of receipt/production of a copy of this order subject to final disposal of the case.

Patna High Court Cr.Misc. No.43939 of 2016 (3) dt.15-12-2016 2/2 On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that petitioners shall deposit jointly an amount of Rs.25,000/- in the court below within a period of eight weeks from the date of receipt/production of a copy this order subject to final disposal of the case.

Let the above named petitioners, in the event of arrest or surrender in the court below within a period of eight weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra, in connection with Baniapur P.S. Case no. 163 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T