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Patna High CourtCR. MISC./68738/2024allowed

Raj Kumar Singh v. The State Of Bihar

2024-10-18Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68738 of 2024 Arising Out of PS. Case No.-184 Year-2023 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== 1.

Raj Kumar Singh Son of Late Shyam Kishore Singh Resident of Village - Jaitiya, P.S. - Cherki, District- Gaya 2.

Rohit Kumar @ Rocky Son of Raj Kumar Singh @ Raj kishore singh Resident of Village - Jaitiya, P.S. - Cherki, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Tiwari, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Magadh Medical P.S. Case no. 184 of 2023 instituted for the offence under Sections 341, 379, 506, 385 and 34 of the Indian Penal Code.

3. The prosecution case is that when the informant was coming from vilage Phurhuria to his present address. In the way, he was stopped by the petitioners and on the point of pistol, they snatched golden chain and case Rs. 5800/- from the

Patna High Court CR. MISC. No.68738 of 2024(2) dt.18-10-2024 2/3 pocket of the informant.

4. Learned counsel for the petitioners has submitted that petitioners are innocent and have falsely been implicated in connection with the present case. It is further submitted that there is land dispute between the parties and for that he has filed Annexure -2 which goes to show that a title suit bearing Title Suit No. 802 of 2018 is pending in Civil Court, Gaya between the parties. It is further submitted that the petitioner no. 2 has also filed a informatory petition before the Chief Judicial Magistrate, Gaya as the informant was interfering in the business.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Magadh Medical P.S. Case no. 184 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Gaya,

Patna High Court CR. MISC. No.68738 of 2024(2) dt.18-10-2024 3/3 subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Jagdish/- U