Raj Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50070 of 2019 Arising Out of PS. Case No.-1 Year-2019 Thana- KATHAIYA District- Muzaffarpur ====================================================== 1.

Raj Kishore Singh aged about 60 years (M) Son of late Ram Janak Singh 2.

Devendra Singh, aged about 51 years (M), Son of Late Kapildeo Singh 3.

Daya Singh aged about 52 years (M) Son of Late Jai Kishun Singh 4.

Sanjeev Singh aged about 35 years (M) Son of Late Kapildeo Singh 5.

Subodh Kumar @ Subodh Kumar Singh, aged about 28 years (M), Son of Dipa Singh @ Deep Narayan Singh 6.

Ranjeet Singh @ Ranjeet Kumar aged about 33 years (M) Son of Dipa Singh @ Deep Narayan Singh All resident of Village - Thatiya, P.S.- Kathaiya, District - Muzaffarpur. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Sunil Kumar Pandey, Advocate For the Opposite Party :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 149, 341, 323, 324, 307, 354, 379, 504 and 506 of the Indian Penal Code registered in connection with Kathaiya P.S. Case No. 01 of 2019.

3. It is submitted that the petitioner have been falsely implicated in the backdrop of land dispute and the FIR is against as many as 6 named and 30-40 unknown persons. There is case and counter case between the parties. The accusations of assault are general and omnibus in nature and no specific accusation of assault has been attributed to the petitioners individually. It is submitted that in any event, injuries sustained by the informant are simple in nature. The petitioners claim clean antecedents.

Patna High Court CR. MISC. No.50070 of 2019(2) dt.09-08-2019 2/2

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - IInd, West, Muzaffarpur in connection with Kathaiya P.S. Case No. 01 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions - (i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) BT/- U T