Rishiraj Verma And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2071 of 2016 Arising Out of PS.Case No. -491 Year- 2014 Thana -BARH District- PATNA ======================================================

1. Rishiraj Verma Son of Late Krishna Prasad Verma @ Naresh Verma

2. Shankar Prasad son of Late Brijkishore Prasad

3. Ashok Verma son of Late Bhola Verma All resident of Muhalla Bazidpur, Ward No. 2, P.S. Barh, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Santosh Kumar Sinha -2 For the Opposite Party/s : Mr. Harendra Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-02-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Barh P.S. Case No. 491 of 2014 (Complaint Case No. 904 C of 2014), disclosing offences under Sections 341,323,504,379,341 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that implication of these petitioners for the alleged offence is out and out malicious. He contends that there is a dispute over a boundary wall between the parties and much prior to the

institution of the present case, petitioner No.1 had lodged a police case against the informant of the present case in January, 2014 in which the police had submitted chargesheet. He further contends that the petitioners have been implicated in a false case out of vengeance. He also submits that the petitioners No. 2 and 3 are aged persons and so far as petitioner No.1 is concerned, there is no liklihood of him fleeing away from the course of justice.

Considering the nature of accusation and the submissions advanced on behalf of the petitioners, this application is allowed.

Let the above-named petitioners in the event of their arrest/surrender within four weeks from today in the Court below be released 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 the learned ACJM, Barh, Patna in connection with Barh P.S. Case No. 491 of 2014 (Complaint Case no. 904C of 2014), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the

case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled (Chakradhari Sharan Singh, J) ArunKumar/- U