Rajendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72201 of 2024 Arising Out of PS. Case No.-442 Year-2024 Thana- MASHRAK District- Saran ====================================================== 1.

Rajendra Singh Son of Late Brahmdeo Singh R/O Village- Mashrak, Gopalbari, P.O- Mashrak, P.S- Mashrak, District- Saran at Chapra, 841417 2.

Jitendra Singh @ Jitendra Kumar Singh Son of Late Ramji Singh R/O Village- Mashrak, Gopalbari, P.O- Mashrak, P.S- Mashrak, District- Saran at Chapra, 841417 3.

Vidya Singh Son of Lagandeo Singh R/O Village- Mashrak, Gopalbari, P.OMashrak, P.S- Mashrak, District- Saran at Chapra, 841417 4.

Manindra Singh Son of Late Laxman Singh R/O Village- Mashrak, Gopalbari, P.O- Mashrak, P.S- Mashrak, District- Saran at Chapra, 841417 5.

Vishal Kumar Singh Son of Vidya Singh R/O Village- Mashrak, Gopalbari, P.O- Mashrak, P.S- Mashrak, District- Saran at Chapra, 841417 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-10-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Mashrak Police Station Case No. 442 of 2024, disclosing offences under Sections 126, 115(2), 118, 109, 352, 308(2), 308(5), 119(1), 303(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita.

3. Learned counsel for the petitioners submits that petitioner no. 1 has been arrested, accordingly, seeks permission to withdraw the present application with respect to petitioner no. 1.

Patna High Court CR. MISC. No.72201 of 2024(2) dt.29-10-2024 2/3

4. Permission is granted.

5. As per the First Information Report, petitioner no. 2 snatched the golden chain from the neck of the informant worth Rs. 60,000/-, petitioner no. 3 assaulted the informant by means of spade on his thighs, petitioner no. 4 snatched Rs. 25,000/- from the pocket of the informant and petitioner no. 5 assaulted him near the right chest by means of knife.

6. Learned Counsel for the petitioners submits that both the parties are agnates and there is previous long standing land dispute between them. Earlier also, three months back, same informant had lodged another case bearing Mashrak P.S. Case No. 253 of 2024 against the petitioners. Referring to Annexure 2, learned counsel submits that the injuries caused to the informant are simple in nature.

7. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are agnates, there is a land dispute between them and injuries caused to the victim are simple in nature, I am inclined to grant the petitioner nos. 2, 3, 4, 5 privilege of anticipatory bail.

8. This application is, partly, allowed to the extent indicated above.

Patna High Court CR. MISC. No.72201 of 2024(2) dt.29-10-2024 3/3

9. Let the petitioner nos. 2, 3, 4, 5, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Saran at Chapra, in connection with Mashrak Police Station Case No. 442 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) HarshPandey/- U T