Dinesh Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47590 of 2017 Arising Out of PS.Case No. -151 Year- 2017 Thana -ALOULI District- KHAGARIA ======================================================
1. Dinesh Singh, S/o Late Ram Sewak Singh.
2. Ritesh Singh, S/o Ramanand Singh.
3. Ganesh Singh, S/o Late Ram Sewak Singh.
4. Mangal Singh, S/o Shiv Chandar Singh.
5. Surendra Singh, S/o Brahamdev Singh.
All are R/o Village- Haripur, P.S.- Alauli, District- Khagaria. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 11-10-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Alauli P.S. Case No.151 of 2017/G.R. No.1493 of 2017 registered under Sections 341, 323, 387, 504 and 506/34 of the Indian Penal Code.
The accusation is that the informant had gone to plough the filed, which was purchased by him. At that time, six persons, named in the F.I.R., including the petitioners came there and forbade the informant to plough the field. When the informant tried to plough the field, the petitioner no.1 Dinesh Singh and
Patna High Court Cr.Misc. No.47590 of 2017 (2) dt.11-10-2017 2/3 petitioner no.3 Ganesh Singh while abusing, asked the informant that if he will not pay Rs.2,00,000/- as ransom, they will not allow to do the work on the field and they will construct the house over the same. When the protest was made, the petitioner no.1 Dinesh Singh and the petitioner no.3 Ganesh Singh ordered to kill him and snatch all things. Thereafter, Chitranjan Singh, petitioner no.2 Ritesh Singh, petitioner no.5 Surendra Singh and the petitioner no.4 Mangal Singh started to cause assault to the informant through fists and slaps. At that time, the petitioner no.1, Dinesh Singh and the petitioner no.3 Ganesh Singh on the point of pistol, snatched the gold chain from the neck of the informant and cash Rs.5000/- from the pocket of his shirt.
Learned counsel appearing on behalf of the petitioners submits that, in fact, the land, as detailed in the F.I.R., belongs to the ancestor of the petitioners and due to ploughing over the same, the hot exchange of words took place in between the parties regarding which on the basis of the written report of Amrita Devi, the wife of the petitioner no.1 Dinesh Singh, Alauli P.S. Case No.153 of 2017 under Sections 341, 323, 312 and 435/34 of the Indian Penal Code besides Section 27 of the Arms Act was instituted against the informant of the present case and others. Moreover, while it is alleged in the F.I.R. that the petitioner no.1
Patna High Court Cr.Misc. No.47590 of 2017 (2) dt.11-10-2017 3/3 Dinesh Singh and the petitioner no.3 Ganesh Singh were armed with pistol but the same was not used in the occurrence. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Alauli P.S. Case No.151 of 2017/G.R. No.1493 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Rajendra Kumar Mishra, J) P.S./- U T