Pawan Singh @ Pawan Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73480 of 2018 Arising Out of PS. Case No.-5 Year-2018 Thana- TARAIYA District- Saran ======================================================

1. Pawan Singh @ Pawan Kumar Singh

2. Ravi Raj Singh @ Pancham Singh Both are son of Sri Binesh Kumar Singh, Resident of Village-Harpur Faridan, P.S. Taraiya,Distt.-Saran,Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-12-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Taraiya P.S. Case No. 5 of 2018 registered for the offences punishable under Sections 147, 148, 149, 323, 384, 386, 379, 392, 506 and 120(B) of the Indian Penal Code. Initially, the informant filed complaint case which was converted into police case. The informant levelled allegation against the petitioners that they demanded extortion money and when the demand was not fulfilled, the petitioners and other accused assaulted him and also snatched his belongings. Learned counsel appearing for the petitioners submits that the informant has admitted in his complaint petition that his mother was Mukhiya and he was representative of local M.L.C. at the relevant time and, as a matter of fact, the wife of co-

Patna High Court Cr.Misc. No.73480 of 2018(2) dt.20-12-2018 2/2 accused Pramod Singh was Ward Member and the present case has been lodged by the informant on account of political rivalry. Paragraph 3 of the petition goes to show that prior to institution of the present case, only one case, i.e., Taraiya P.S. Case No. 12 of 2017 under Section 379 of the Indian Penal Code was lodged against the petitioners.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that above-named petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 learned Additional Chief Judicial Magistrate- IX, Saran, Chapra in Taraiya P.S. Case No. 5 of 2018 subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) Spd/- U T