Satyendra Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47909 of 2015 Arising Out of PS.Case No. -182 Year- 2015 Thana -UDWANTNAGAR District- BHOJPUR =====================================

1. Satyendra Singh

2. Ravindra Singh @ Ravinder Singh Both sons of Nand Kumar Singh, r/o village - Banpali, P.S. - Udwant Nagar, District - Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harsh Singh, Adv. For the Informant : Mr. Ajay Kumar Singh, Adv. For the State : Mr. S. Dayal (A.P.P.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-11-2015 Heard learned counsel for the petitioners, learned counsel for the informant and learned Assistant Public Prosecutor for the State.

This application for grant of regular bail arises out of Udwant Nagar P.S. Case No.182 of 2015, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 325, 307, 448, 380, 427, 504 and 506 of the Indian Penal Code.

Patna High Court Cr.Misc. No.47909 of 2015 (2) dt.10-11-2015 2/3 Altogether fifteen persons are named in the First Information Report. So far as petitioner No.1, namely, Satyendra Singh, is concerned, learned counsel appearing on his behalf appears to be correct in his submission that there is absolutely no allegation of any assault caused by him. Over and above the fact that he was allegedly present at the place of occurrence, there is no allegation against him. So far as petitioner No.2, namely, Ravindra Singh @ Ravinder Singh, is concerned, it is alleged that he snatched a golden chain and ear ring from one of the injured, namely, Vibha Devi. Learned counsel, appearing on behalf of the petitioners, has also submitted that land dispute between the parties is an admitted fact and counter case has been instituted by the brother of the petitioners, who is also an accused in the present case.

Learned counsel, appearing on behalf of the informant, on the other hand, has vehementally opposed the prayer for bail and has submitted that the presence of these petitioners at the place of occurrence amounts to participation in commission of crime in the facts and circumstances of the case and they do not deserve the privilege of regular bail.

However, considering the facts and

Patna High Court Cr.Misc. No.47909 of 2015 (2) dt.10-11-2015 3/3 circumstances of the case and the nature of allegation against these petitioners and also the fact that they are in custody since 20.07.2015, this application is allowed. Both the petitioners, abovenamed, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ara, in connection with Udwant Nagar P.S. Case No.182 of 2015.

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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T