Nagendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70433 of 2024 Arising Out of PS. Case No.-90 Year-2023 Thana- GAURICHAK District- Patna ====================================================== 1.
Nagendra Singh Son of Late Ram Kirpal Singh Resident of Village - Aanio, P.S. - Gaurichak and District - Patna 2.
Rajiv Kumar Son of Sri. Nagendra Singh Resident of Village - Aanio, P.S. - Gaurichak and District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Harshit Griyaghey For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-10-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Gaurichak P.S. Case No. 90 of 2023 instituted for the offence under Sections147, 148, 149, 341, 323, 384, 385, 379, 505, 506 and 34 of the Indian Penal Code.
3. The case of the prosecution is that petitioners along with other co-accused persons arrived at the plot where construction was going on, thereafter, they stopped the informant from constructing on the said plot. It is further alleged that after sometime, these petitioners along with twenty unknown persons arrived being armed with weapon and started making
Patna High Court CR. MISC. No.70433 of 2024(2) dt.25-10-2024 2/3 firing.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to land dispute between the parties. The nature of allegation against the petitioners is general and omnibus. It is further submitted by learned counsel for the petitioners that there is case and counter case between the parties and the land in question belong to the petitioners. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent.
5. Learned APP for the State has opposed the prayer of bail of the petitioners.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Gaurichak P.S. Case No. 90 of 2023 they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate VI, Patna City subject to the conditions as laid down
Patna High Court CR. MISC. No.70433 of 2024(2) dt.25-10-2024 3/3 under section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Shubham/- U T