Sri Bhagwan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43608 of 2016 Arising Out of PS.Case No. -135 Year- 2016 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Sri Bhagwan Singh, son of Late Shio Kumar Singh, Resident of VillageChilbili, P.S. Sidhi, District-Rohtas at Sasaram. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Kudra P.S. Case no. 135 of 2016, registered under Sections 147, 148, 149 and 379 of the Indian Penal Code.

The prosecution case is that on 25.05.2016 at 11.30 P.M. when the informant and his brother were carrying sand through his tractor then in the way petitioner and nine others named in the F.I.R. snatched the tractor of the informant and also snatched cash of Rs. 5000/- from the pocket of the brother of the informant. Learned counsel for the petitioner submits that, in fact, informant of the present case is brother and father committed murder of one Jitendra Singh @ Yadav son of co-accused Bhagwan Singh regarding which Karghar (Sidhi) P.S. Case No. 101 of 2014, under Section 341, 302/34 of the Indian Penal Code was instituted and due to

Patna High Court Cr.Misc. No.43608 of 2016 (2) dt.17-10-2016 2/2 that reason, the present false case has been lodged only to implicate the petitioner and his father. Further submission is that other coaccused of this case have already been granted Anticipatory Bail by a co-ordinate Bench of this Court vide Criminal Miscellaneous No. 35956 of 2016, dated 07.09.2016.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Kaimur at Bhabua in connection with Kudra P.S. Case No. 135 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T