Radha Krishna Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21198 of 2018 Arising Out of PS.Case No. -261 Year- 2017 Thana -ARWAL District- JEHANABAD ======================================================
1. Radha Krishna Singh, Son of Late Shyam Sunder Singh,
2. Jayendra Singh, Son of Late Shyam Sunder Singh.
3. Ramadhar Singh, Son of Late Tribhuwan Singh.
4. Laldhari Singh, @ Lala Bhar Sing, Son of late Deo Sharan Singh alias Uma Kant Singh.
5. Dablu Singh, Son of Ramadhar Singh.
All are residents of village- Hasanpur, PS- Arwal, District- Arwal. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Imtiyaz Hussain For the Opposite Party/s : Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 03-05-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend arrest in connection with Arwal Police Station Case No. 261 of 2017 registered for the offences punishable under sections 147, 148, 427, 379, 504 and 506 of the Indian Penal Code.
The informant is Ex-military personnel. He has alleged that these petitioners on the date of occurrence came over his land, uprooted piling, removed ridges and looted away articles. It has been submitted that there is bona fide land dispute between the parties and the petitioners are in possession over the land which is now being claimed by the informant as per settlement from the
Patna High Court Cr.Misc. No.21198 of 2018 (2) dt.03-05-2018 2/2 State of Bihar.
The allegation of assault and removing articles from the land appears omnibus. There is delay of four days in lodging the FIR. Considering the nature of allegation, facts and circumstances of the case, the prayer for anticipatory bail of the petitioners is allowed and the petitioners above named, in the event of arrest or surrender before the court below within a period of six weeks, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad in connection with Arwal Police Station Case No. 261 of 2017, subject to the condition as laid down under section 438 (2) of the Criminal Procedure Code. Further condition is that (1) one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (2) The petitioners will not induce any witness or tamper with the evidence. (3) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.
(Sanjay Kumar, J) Mahesh/- U T