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Patna High CourtCR. MISC./41714/2015disposed

Jagarnath Singh And ORS v. The State Of Bihar

2015-10-08Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41714 of 2015 Arising Out of PS.Case No. -30 Year- 2015 Thana -PALANWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Jagarnath Singh Son of Late Mahindra Singh

2. Santosh Singh Son of Jainath Singh

3. Sanjay Singh Son of Jainath Singh

4. Mintu Singh Son of Jagarnath Singh

5. Ghaghar Singh Son of Jagarnath Singh

6. Dhrub Singh @ Dhurup Singh Son of Vishwanath Singh

7. Sunil Singh Son of Vishwanath Singh

8. Jagarnath Singh Son of Late Munshi Singh

9. Jitendra Singh Son of Jagarnath Singh All are residents of village - Sidhupur, Police Station - Palanwa, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. R.S.Chaudhary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 08-10-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

The prosecution case is that the accused persons came variously armed and demanded ten thousand

Patna High Court Cr.Misc. No.41714 of 2015 (2) dt.08-10-2015 2/3 rupees as extortion when petitioner no. 3 Sanjay Singh @ Ranjay Singh assaulted the father of the informant, Sadhu Patel, petitioner no. 4 Mintu Singh assaulted with Garasa to the brother of the informant, Dinesh Patel whereas petitioner no. 6 Dhrup Singh assaulted with iron rod on the head of the informant.

It is submitted by learned counsel for the petitioners that for a petty dispute the accusation has been levelled. There is a counter version of the occurrence and a statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the specific accusation of assault against petitioner nos. 3, 4 and 6, let the learned court below consider their prayer for bail, if they surrender before the learned court below within a period of six weeks. Accordingly, their application is disposed of.

So far as petitioner nos. 1, 2, 5, 7, 8 and 9 are concerned, let them be released on anticipatory 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 Sub-divisional Judicial

Patna High Court Cr.Misc. No.41714 of 2015 (2) dt.08-10-2015 3/3 Magistrate, Raxaul at Motihari, East Champaran in connection with Palanwa P.S. Case No. 30 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T