Jawahar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62350 of 2024 Arising Out of PS. Case No.-186 Year-2022 Thana- MATIHANI District- Begusarai ====================================================== 1.

Jawahar Singh Son of Late Suraj Singh Village - Maniappa, Maniapa, P.SMatihani, District- Begusarai 2.

Gopesh Singh Son of Kailash Singh Village - Maniappa, Maniapa, P.SMatihani, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Sandip Kumar Gautam, Advocate For the State :

Mr. Rajendra Singh, APP For the Informant :

Mr. Shubhesh Pandey, Advocate Mr. Amit Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-09-2024 Heard learned counsels for the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per prosecution case, all the F.I.R. named accused persons, including these petitioners, armed with lathi and danda, assaulted informant and his family members, as a result of which they sustained various injuries.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are innocent and have falsely been implicated in this case. Both parties are neighbors and due to pending dispute with regard to land, this false and concocted case has been lodged. There is case and counter-case

Patna High Court CR. MISC. No.62350 of 2024(2) dt.27-09-2024 2/2 between the parties. It is further submitted that police after investigation submitted final form and differing with the same, the learned trial court has taken cognizance. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the aforesaid facts and circumstances, nature of accusation, case and counter-case between the parties and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on 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 Judicial Magistrate, 1st Class, Begusarai, in connection with Matihani P.S. Case No. 186 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T