Alok Kumar Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10376 of 2015 Arising Out of PS.Case No. -153 Year- 2011 Thana -HARIZAN District- BEGUSARAI ======================================================

1. Alok Kumar Singh Son of - Sri chandra Bhan singh and

2. Sagar Das Son of- Late Anik Das Both are Resident of village- Paspara, P.s. Muffasil, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pritish Kumar Lal For the Opposite Party/s : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-05-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Begusarai SC/ST P.S.Case No. 153 of 2011 registered for the offences punishable under Sections 341, 323, 354, 504, 506, 364/34 of the Indian Penal Code.

The statement of victim has been recorded under section 164 of the Cr.P.C but in the aforesaid statement the victim has nowhere stated that petitioners uttered his caste name. Moreover, the informant claims that petitioner no. 1 uttered his caste name, when she went to the house of the petitioner. So far as, recovery of the victim is concerned, the victim has stated in his

Patna High Court Cr.Misc. No.10376 of 2015 (3) dt.06-05-2015 2/2 statement that he was rescued by the police but Para-95 of the case diary reveals that villagers rescued him and after that he was taken by the police. No doubt petitioner no. 1 has criminal antecedent but it appears that almost all the cases against him were registered much prior to the institution of the present case. However, the statement of victim reflects that there was land dispute between the petitioner no. 1 and victim.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Begusarai in Begusarai SC/ST P.S.Case No. 153 of 2011, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U T