Bishwanath Singh And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.32449 of 2017 (5) dt.31-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32449 of 2017 Arising Out of PS.Case No. -161 Year- 2016 Thana -KHUSRUPUR District- PATNA ======================================================
1. Bishwanath Singh, Son of Late Brijnandan Singh.
2. Ramesh Kumar Son of Kailash Prasad.
3. Dilip Singh, Son of Shivnandan Singh, Petitioner No. 1 to 3 are resident of Village- Pachrukhiya, P.S.- Khusrupur, District- Patna.
4. Dharambir Singh.
5. Roy Bahadur Singh.
6. Rajendra Singh. Petitioner No. 4 to 6 Son of Sita Singh, resident of village- Sukherbeg Chak, P.S.- Khusrupur, District- Patna.
7. Minku Kumar @ Mikku Kumar,
8. Pinku Kumar @ Pikku Kumar, Petitioner No. 7 and 8 sons of Bishwanath Singh and resident of Village- Pachrukhiya, P.S.- Khusrupur, District- Patna.
9. Upendra Kumar @ Phatal Singh,
10. Sanajay @ Sanjay Kumar @ Santosh Kumar @ Balmiki @ Balmiki Prasad, Petitioner No. 9 and 10 sons of Bijendra Singh @ Birendra Prasad and resident of Village- Pachrukhiya, P.S.- Khusrupur, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate For the Opposite Party/s : Mr. Sri Ram Sumiran Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 31-08-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Khusrupur Police Station Case No. 161 of 2016, disclosing offences under Sections 341, 323, 379, 307, 364, 325, 506 and 34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that there is general and omnibus allegation against the
Patna High Court Cr.Misc. No.32449 of 2017 (5) dt.31-08-2017 petitioners and no specific overt act is attributed to them. In fact, there is dispute with respect to execution of sale deed of a piece of land between the parties and on account of that several cases have been lodged against the petitioners by the informant. Moreover, co-accused, Anju Devi and Santosh Kumar @ Sanjay Kumar @ Balmiki Prasad @ Sunil Kumar, have already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No.15107 of 2017 and Cr. Misc. No. 36050 of 2017. Hence, the petitioners deserve the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Patna City, Patna in connection with Khusrupur Police Station Case No. 161 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) Brajesh/- U T