Rajo Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14290 of 2017 Arising Out of PS.Case No. -83 Year- 2016 Thana -CHAUTHAM District- KHAGARIA ======================================================
1. Rajo Singh, son of Late Bhikhan Singh
2. Narendra Singh, S/o Beni Singh All are resident of Village- Sonbarsha, P.S. Chautham, District Khagaria. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Bishweshwar Ram, Advocate For the Opposite Party : Mr. Sri Ashok Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-05-2017 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in connection with Chautham P.S. Case No. 83 of 2016 (G.R. No. 1461 of 2016), registered for the offences punishable under Sections 147, 379, 307 of the Indian Penal Code and Section 27 of the Arms Act.
After perusal of First Information Report it is apparent that land dispute is going on between the parties. It is submitted on behalf of the petitioners that there is case and counter case, in this case no one has received any injury, the allegation for cutting maize crops is concocted and baseless. Title Suit No. 81 of 2015 is pending in the Court of Sub-Judge-III, Khagaria. No
Patna High Court Cr.Misc. No.14290 of 2017 (12) dt.05-05-2017 2/2 offence under Section 307 of the I.P.C is made out against them and, as such, the petitioners deserve sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail.
In the facts and circumstances as stated above, considering that land dispute is going on between the parties, there is case and counter case, no injury has been caused to anyone in this case and, as such, the petitioners in the event 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 learned Additional Chief Judicial Magistrate, Khagaria, in connection with Chautham P.S. Case No. 83 of 2016 (G.R. No. 1461 of 2016), subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T