Lal Bahadur Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.640 of 2022 Arising Out of PS. Case No.-143 Year-2021 Thana- TARARI District- Bhojpur ====================================================== 1.
LAL BAHADUR SINGH S/o Late Mahendra Singh R/o Mohalla- Sara, P.S.- Tarari, District- Bhojpur 2.
Ravi Ranjan Singh S/o Lal Bahadur Singh R/o Mohalla- Sara, P.S.- Tarari, District- Bhojpur 3.
Raju Ranjan Singh S/o Lal Bahadur Singh R/o Mohalla- Sara, P.S.- Tarari, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baxi S.R.P. Sinha, Sr. Advocate Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, A.P.P.
For the Informant :
Mr. Ravi Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-08-2022 By order dated 29.03.2022, the prayer for anticipatory bail of petitioner no. 1 and 3 was dismissed as not pressed. Heard learned Senior Counsel for the petitioner no. 2, learned counsel for the informant and learned A.P.P. for the State.
The petitioner no. 2 apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 307, 354, 504, 506/34 of the Indian Penal Code read with Section 27 of the Arms Act.
Learned Senior Counsel for the petitioner no. 2 submits that petitioner no. 2 is a person with clean antecedent. The informant alleges that on 24.08.2021, at 04:20
Patna High Court CR. MISC. No.640 of 2022(3) dt.04-08-2022 2/3 p.m., the Patidar of the informant with an intention to capture his land, came to his house along with the petitioners and Satyendra Singh and Harendra Singh fired at the informant but he managed to save himself. Thereafter, Suraj Singh tried to strangulate him and all the accused persons abused the mother of the informant along with his wife and even assaulted them and snatched gold chain and Rs.10,000/-. It is alleged that when the informant was on the way to lodge a case, Harendra Singh fired at the informant but he again managed to save himself. Learned Senior Counsel for the petitioner no.
2 submits that from bare perusal of the allegation as alleged in the FIR, it would manifest that the same is vague and cryptic and on account of land dispute, the present false case came to be instituted and it absolutely does not stand to reason that despite taking attempts at the informant twice still he managed to save himself. This amply demonstrates the falsity of the allegation and the allegation of assault is general and omnibus in nature. Learned A.P.P. for the State and the learned counsel for the informant vehemently opposed the prayer for anticipatory bail of the petitioner no. 2.
Considering the submissions made by the learned Senior Counsel for the petitioner no. 2, the petitioner no. 2
Patna High Court CR. MISC. No.640 of 2022(3) dt.04-08-2022 3/3 above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Tarari P.S. Case No. 143 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T