Raja Singh @ Awanish Singh And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50402 of 2015 Arising Out of PS.Case No. -108 Year- 2015 Thana -MAJHAHGARH District- GOPALGANJ ======================================================

1. Raja Singh @ Awanish Singh son of Ashok Singh

2. Ashok Singh son of Phulena Singh

3. Dilip Singh son of Late Ramjee Singh All resident of village Khorampur, P.S.- Mohammadpur, District- Gopalganj .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner nos. 1 and 3 and the State.

The petitioner nos. 1 and 3 are apprehending their arrest in a case instituted under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.

Allegation against the petitioners is that they along with other accused assaulted the informant and took away a golden chain worth Rs.25,000/- and cash Rs.20,000/-. It is submitted on behalf of the petitioner nos. 1 and 3 that they have got no criminal antecedent. There is admitted land dispute between the parties. A proceeding under Section 107 Cr. P.C. is pending between the parties. From perusal of the injury report it would appear that the injuries are simple in nature. Hence, no offence under Section 307 of the Indian Penal Code is attracted in the present case.

On behalf of the State, it is submitted that petitioner nos. 1 and 3 are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the

Patna High Court Cr.Misc. No.50402 of 2015 (5) dt.09-02-2016 2/2 above named petitioner nos. 1 and 3, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Manjhagarh P.S. Case no. 108 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T