Anil Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35313 of 2018 ======================================================

1. Anil Kumar Singh

2. Manoranjan Prasad Singh @ Manoranjan Singh,

3. Nagendra Prasad Singh, All Sons of Late Birendra Prasad Singh @ Laxmi Singh, residents of Village- Deoria, P.S.- Taraiya, DistrictSaran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Harish Kumar, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 28-06-2018 Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State and learned counsel for the informant.

The petitioners seek pre-arrest bail in connection with Taraiya P. S. Case No. 73 of 2018 registered under Sections 341, 323, 448, 384, 385 and 379/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that there is land dispute between the parties with regard to certain plots relating to Mutation Case No. 123 regarding which forgery, etc. has been committed by the informant's side in collusion with some officials of the State. When the petitioner no.

Patna High Court Cr.Misc. No.35313 of 2018 (2) dt.28-06-2018 2/2 3 requested the Circle Officer to take legal action against the persons who had committed forgery in the record of mutation, the instant case has been instituted against the petitioners, who are full brothers with unfounded allegation.

On the other hand, learned counsel appearing for the informant submitted that the plea taken by the petitioners in his defence can be verified by the police in course of investigation. He submitted that the petitioners being neighbours of the informant are always putting threat to his life and demanding rangdari. Having regard to the allegations made in the FIR, the submissions made above and the statement made by the petitioners in para-3 of the application stating therein that they have got no criminal antecedent, they are directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of ACJM-IX, Chapra, Saran in Taraiya P. S. Case No. 73 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today. (Ashwani Kumar Singh, J.) Kanchan/- U T