Sidheshwar Singh @ Patali Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45299 of 2018 Arising Out of PS.Case No. -646 Year- 2018 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================
1. Sidheshwar Singh @ Patali Singh,
2. Rajesh Singh @ Nanhak Singh, Both are sons of Sarju Singh,
3. Yashwant Singh @ Kundan Singh,
4. Amarikh Singh @ Amarikh Kumar, Both are sons of Ayodhya Singh, All are resident of Village- Takiya, Ward No.2, P.S.- Sasaram (Model), District- Rohtas.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Subash Kumar, Advocate For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh, APP For the Informant : Mr. Ram Chandra Singh, Advocate Mr. Uday Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2018 Heard learned counsel for the petitioners and the State Counsel for the informant has suo moto appeared by filing Vakalatnama.
The petitioners apprehend their arrest in Sasaram (Muffasil) P.S. Case No.646 of 2018 instituted for the offence under Sections 341, 323, 384, 307, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.
Counsel for the petitioners has submitted that the land dispute is going on between the parties. The counsel for the petitioners has filed a Title Suit No.321 of 2018 against the informant and others.
Patna High Court Cr.Misc. No.45299 of 2018 (2) dt.13-08-2018 2/2 All sections are bailable except Section 307 of Indian Penal Code. In the written report there is allegation that petitioner has made firing but it did not hit anybody.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Sasaram (Muffasil) P.S. Case No.646 of 2018, they shall be released on anticipatory 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 Chief Judicial Magistrate, Rohtas at Sasaram, subject to the conditions as laid down under Section 438
(2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) S.Ali/- Rohit Kr.
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