Ramnath Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56682 of 2019 Arising Out of PS. Case No.-295 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== 1.
RAMNATH SINGH Son of Late Siyaram Singh Resident of Village - Keshabe, P.S.- Barauni (Refinary), Distt - Begusarai. 2.
Deepak Singh Son of Late Siyaram Singh Resident of Village - Keshabe, P.S.- Barauni (Refinary), Distt - Begusarai.
3.
Kanchan Kumar Son of Ramnath Singh Resident of Village - Keshabe, P.S.- Barauni (Refinary), Distt - Begusarai.
4.
Madhav Kumar Son of Deepak Singh Resident of Village - Keshabe, P.S.- Barauni (Refinary), Distt - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar For the Opposite Party/s :
Mr.Yogendra Kumar For the Informant : Mr. Sandip Kumar Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-09-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Barauni (Refinery) P.S. Case No. 295 of 2019, disclosing the offence under Section 307 and other allied Sections of the Indian Penal Code.
It is evident from the First Information Report that there is land dispute between the parties and occurrence appears to have been taken place in that background. There is a counter-case lodged in respect of the occurrence, which is said to have taken place on the
Patna High Court CR. MISC. No.56682 of 2019(2) dt.06-09-2019 2/3 same date. There is allegation against petitioner no. 1 of having assaulted the informant's son with the butt of the pistol and petitioner no. 2 with iron-rod.
Learned counsel appearing on behalf of the informant has submitted that the injuries have been found to be grievous in nature, and, therefore, the petitioners do not deserve the privilege of anticipatory bail. Considering the nature of dispute between the parties leading to alleged occurrence, in my opinion, a case for grant of anticipatory bail is made out. This application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned CJM, Begusarai in Barauni (Refinery) P.S. Case No. 295 of 2019, subject to the condition 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
Patna High Court CR. MISC. No.56682 of 2019(2) dt.06-09-2019 3/3 two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Rajesh/- U T