Patna High CourtCR. MISC./21522/2017allowed

Raghunandan Singh And ORS v. The State Of Bihar

2017-07-06Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.21522 of 2017 (4) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21522 of 2017 Arising Out of PS.Case No. -221 Year- 2016 Thana -GOGRI District- KHAGARIA ======================================================

1. Raghunandan Singh son of Late Gonar Singh

2. Mangal Dev Singh son of Late Ramashrai Singh Both residents of village Chhoti Maira, P.S. Gogri, District Khagaria.

3. Rana Yadav son of Bisundev Yadav

4. Gulshan Yadav son of Rana Yadav Both residents of village - Rabri Nagar, Poura, P.S. Gogri, District - Khagaria.

5. Luri Singh @ Ravindra Kumar Singh son of Radhunandan Singh

6. Navin Singh son of Raghunandan Singh

7. Kundan Singh son of Raghunandan Singh All are residents of village - Chhoti Maira, P.S. Gogri, District Khagaria.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bharat Bhushan, Advocate For the Opposite Party/s : Mr. Sri Iftekhar Mahmood, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-07-2017 It appears from the order dated 07.06.2017 that this application has been dismissed as withdrawn with respect to petitioner no.3 only.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Gogri (Poura) Police Station Case No. 221 of 2016, disclosing offences under Sections 147, 149, 385, 427, 506 & 504 of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioners has submitted

Patna High Court Cr.Misc. No.21522 of 2017 (4) dt.06-07-2017 that there is general and omnibus allegation against the petitioners and no specific overt act is attributed to them. In fact, the petitioners have been falsely implicated in this case and no such occurrence as alleged in the F.I.R. has taken place. As a matter of fact, there was land dispute between the parties therefore, the dispute appears to be a civil in nature. None has sustained any injury nor anything incriminating has been recovered from the possession of the petitioner. Hence, the petitioners deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioners, above named except petitioner No.

3, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Gogri (Poura) Police Station Case No. 221 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J.)