Shambhu Prasad Singh @ Shambhu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59651 of 2024 Arising Out of PS. Case No.-26 Year-2024 Thana- PHULPARAS District- Madhubani ====================================================== 1.

Shambhu Prasad Singh @ Shambhu Singh S/o Late Ramphal Singh R/o vill - Barhi Tole, Chharapatti, ward no. 6, Bathnaha, P.S. - Phulparas, Distt. - Madhubani 2.

Ramekwal Paswan @ Pallu Paswan @ Ramekbal Paswan @ Pallu S/o Tetar Paswan R/o vill - Hanuman Nagar, P.S. - Khutauna, Distt. - Madhubani 3.

Vikram Singh @ Vikram Kumar Singh S/o Late Shiv Kumar Singh R/o vill - Bathnaha, ward no.2, P.S. - Phulparas, Distt. - Madhubani 4.

Chotu Paswan @ Chhout S/o Late Ramdev Paswan R/o vill - Bathnaha, P.S. - Phulparas, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-09-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 448, 341, 323, 354B, 379, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Learned counsel for the petitioners submits that Petitioner Nos. 1 and 2 have antecedent of one case and Petitioner Nos. 3 and 4 are persons with clean antecedent and the informant alleges that on 21-1-2024 while she was cooking

Patna High Court CR. MISC. No.59651 of 2024(2) dt.18-09-2024 2/3 food in her courtyard, when the accused persons including the petitioners came and took away Rs. 70,000/- cash and jewellery worth Rs. 2 lakh from her trunk and when she raised alarm, Shambhu pulled her sari and torn the blouse and thereafter the accused fled.

4.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is also submitted that the petitioners and the informant are neighbours and they are having dispute relating to land. It is next submitted that the informant claims to have purchased the land in dispute on which she is constructing a toilet and the same is being objected by the petitioners on the ground that the land belongs to them. It is also submitted that even the allegation as alleged in the FIR does not inspire confidence.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.59651 of 2024(2) dt.18-09-2024 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Phulparas P.S. Case No. 26 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T