Ramadhar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42291 of 2016 Arising Out of PS.Case No. -53 Year- 2016 Thana -RAGHUNATHPUR District- SIWAN ======================================================
1. Ramadhar Singh, S/o Late Sipahi Singh resident of Village- Gabhirar, P.S.- Raghunathpur, District- Siwan.
2. Tarun Kumar Singh @ Munna Singh, S/o Shri Ramadhar Singh resident of Village- Gabhirar, P.S.- Raghunathpur, District- Siwan.
3. Arun Kumar Singh @ Arun Singh, S/o Shri Ramadhar Singh resident of Village- Gabhirar, P.S.- Raghunathpur, District- Siwan.
4. Gautam Kumar Singh @ Gautam Singh, S/o Shri Ramadhar Singh resident of Village- Gabhirar, P.S.- Raghunathpur, District- Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binay Kumar Pandey For the Opposite Party/s : Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-10-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Raghunathpur Police Station Case No. 53 of 2016, disclosing offences under Sections 341/323/324/307/ 504/506/379/34 of the Indian Penal Code.
It has been submitted on behalf of the petitioners that even if the contents of the First Information Report are treated to be correct, the allegation is of causing
Patna High Court Cr.Misc. No.42291 of 2016 (2) dt.05-10-2016 2/3 assault with lathi and hockey sticks. He submits that for the same occurrence, on the basis of counter version, another First Information Report, being Raghunathpur Police Station Case No. 55 of 2016, has been registered, at the instance of petitioner no. 3. He has submitted that the injuries, which have been found on the person of the informant, cannot be said to be grievous. According to him, land dispute between the parties is an admitted fact, which is the reason behind the scuffle.
Considering the above submissions, this application is allowed.
Let the petitioners, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 Chief Judicial Magistrate, Siwan, in connection with Raghunathpur Police Station Case No. 53 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before
Patna High Court Cr.Misc. No.42291 of 2016 (2) dt.05-10-2016 3/3 the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/-c U √ T √