Mukesh Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49972 of 2016 Arising Out of PS.Case No. -155 Year- 2015 Thana -MATIHANI District- BEGUSARAI ======================================================

1. Mukesh Singh,

2. Baunu Singh, Both are S/o Late Ram Bilash Singh Vill.- Sihma P.SMatihami, Dist.- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-01-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Matihani P.S. Case No. 155 of 2015 for the offences punishable under sections 147, 148, 149, 447, 323, 341, 307, 384, 385 and 504 of the I.P.C and section 27 of the Arms Act.

Allegedly, the petitioner Mukesh Singh opened fire with pistol, the petitioners Mukesh Singh and Baunu Singh after putting scarp on the neck of the informant started pulling and further they took away fertilizer and seed and demanded ransom of Rs. 2,00,000/- otherwise to shoot them and thereafter after opening fire in the sky they went away.

Submission is of false implication and that due to the

Patna High Court Cr.Misc. No.49972 of 2016 (3) dt.28-01-2017 2/2 land dispute the occurrence has taken place, no injury has been caused to any one, there is no injury report, in the First Information Report there is allegation regarding assault committed upon Subodh Rai but Subodh Rai in his statement has not stated regarding his assault, the independent witnesses examined have not supported the manner of occurrence as alleged, the allegation as alleged in the First Information Report is not supported by any injury report and as such the petitioners deserve sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners.

In the facts and circumstances as stated above, the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of. Sri Puspendra Pandey, J.M. 1st Class, Begusarai in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T