Rajeshwar Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45499 of 2018 Arising Out of PS.Case No. -19 Year- 2018 Thana -RAMPUR CHAURAY District- JEHANABAD ======================================================
1. Rajeshwar Singh, S/o Late Bhagal Singh.
2. Amrendra Kumar Patel @ Patel Kumar, S/o Rajeshwar Singh, Both resident of Village Raja Bigha, P.S.- Rampur Chauram, DistirctArwal. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kapil Deo Singh, Advocate. For the Opposite Party/s : Mr. Dilip Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2018 Heard learned counsel for the petitioners, counsel for the informant and the State.
The petitioners apprehend their arrest in Chauram P.S. Case No. 19 of 2018 instituted for the offence under Sections 341, 323, 325, 307, 337, 379 and 504/34 of the Indian Penal Code. Counsel for the petitioners has submitted that petitioner No. 1 is father and petitioner No. 2 is younger brother of the informant. It has further been submitted that petitioner No. 2 has also filed complaint case No. 173 of 2018 against the informant and others. The allegation against petitioner no. 1 is of causing injury to the informant with brick. There is general and omnibus allegation against petitioner No. 2.
The instant case has been filed on account of land dispute between the parties.
Patna High Court Cr.Misc. No.45499 of 2018 (2) dt.13-08-2018 2/2 Learned Sessions Judge has mentioned in the impugned order that injury report is not available in the case diary. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Chauram P.S. Case No. 19 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Arwal, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- Rohit Kr.
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