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Patna High CourtCR. MISC./40828/2015bail granted

Santosh Singh And ANR. v. The State Of Bihar

2015-10-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40828 of 2015 Arising Out of PS.Case No. -758 Year- 2014 Thana -SAHARSA District- SAHARSA ======================================================

1. Santosh Singh son of Jay Kant Singh

2. Kundan Singh son of Roop Kant Singh Both residents of village - Sulindabad, P.S. + District - Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Awdhesh Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-10-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 342, 323, 379, 384, 386, 387, 392, 504 of the Indian Penal Code and 27 of the Arms Act.

Accusation is of demanding extortion from the informant and the tractor driver of the informant. It is submitted by the learned counsel for the petitioners that the petitioners are co-villagers of the informant. In the background of land dispute 144 Cr.P.C. proceeding was initiated vide Saharsa Sadar P.S. Case No. 758 of 2014. Even assuming the accusation no case under Sections 384, 387, 392 of the Indian Penal Code and 27 of the

Patna High Court Cr.Misc. No.40828 of 2015 (2) dt.07-10-2015 Arms Act are made out against the petitioners. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, 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, Saharsa in connection with Saharsa Sadar P.S. Case No. 758 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T