Sanjay Kumar Singh @ Sanjay Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1799 of 2018 Arising Out of PS. Case No.-249 Year-2017 Thana- GORICHAK District- Patna ======================================================
1. Sanjay Kumar Singh @ Sanjay Singh, Son of Late Ram Yash Singh.
2. Raushan Singh @ Abhishek Singh.
3. Bittu Singh @ Gautam Singh.
4. Govinda Singh @ Govind Singh, Petitioner nos. 2 to 4 are Sons of Sanjay Kumar Sing @ Sanjay Singh, all Residents of VillageMasadhi, P.S.- Gaurichak, District- Patna. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harish Kumar For the Opposite Party/s :
SMT. SUMAN KUMARI SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-01-2018 Heard learned counsels for the petitioners and State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 406, 420, 384, 379, 504 and 506/34 of the IPC.
The prosecution case, as per the written report submitted by Sarita Sinha to the Station House Officer, Gaurichak Police Station on 18.09.2017 is to the effect that the informant has given certain piece of land to one Bhola Singh to plough on the basis of lease rent of Rs. 6,000/- per annum. Bhola Singh ploughed the land for four years, but he paid the rent only for one year. On 18.09.2017, the informant along with Anil Singh and Sanjay Singh went to Bhola Singh, when he came to know
Patna High Court Cr.Misc. No.1799 of 2018(2) dt.15-01-2018 2/3 that petitioner no.1, Sanjay Kumar Singh, petitioner no.2, Raushan Singh, petitioner no.3, Bittu Singh and petitioner no.4, Govinda Singh also used to plough the same land, upon which the informant approached to the petitioners, but the petitioners started abusing and demanded Rs. 50,000/- as extortion. It is also alleged that petitioner no.1, Sanjay Singh picked out Rs. 2,600/- from the pocket of the father of the informant. It is submitted by learned counsel for the petitioners that the petitioners have maliciously been roped in the present case. In fact, the father of the informant, got executed a power of attorney from petitioner no.1, Sanjay Singh with regard to certain piece of land, but the same land was sold by the father of the informant without informing petitioner no.1 and the consideration amount was also not paid to petitioner no.1 and when money was demanded, the petitioners have maliciously been roped in the present. Petitioner nos. 2 to 4 are the sons of petitioner no.1.
Learned APP submits that the accusation is specific against the petitioners.
Considering the fact that the accusation has been levelled in the background of land dispute and the statement made in paragraph no.3 of the petition that the petitioners are not having
Patna High Court Cr.Misc. No.1799 of 2018(2) dt.15-01-2018 3/3 any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, Patna City in connection with Gaurichak P.S. Case No. 249 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.
(Dinesh Kumar Singh, J) Amrendra/- U T