Rajeshwar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69860 of 2018 Arising Out of PS. Case No.-141 Year-2018 Thana- KOCHAS District- Rohtas ======================================================

1. Rajeshwar Singh, Son of Ram Awatar Singh

2. Garjan Singh, Son of Ram Awatar Singh

3. Ramadish Singh, Son of Late Sakal Singh

4. Ashok Kumar, Son of Ramadish Singh

5. Jalendu Kumar @ Jalendra Kumar @ Mukhia Son of Ramadish Singh, All resident of Village Umapur Tola, P.S.- Kochas (Parasathua O.P.), District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manendra Kumar Sinha For the Opposite Party/s :

Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 506 and 302 of the Indian Penal Code. The prosecution case as per the fardbeyan of Harendra Kumar Singh recorded by SHO of Parsathua O.P. on 26.07.2018 is to the effect that 26.07.2018 at 7.30 A.M. when the informant, his father Bhim Singh, uncle Mathura Singh and brothers Pappu Kumar, Sunil Kumar Singh and Birendra Kumar Singh were clearing the drainage which is claimed by the informant's side to be on their land, the accused persons including the petitioners

Patna High Court Cr.Misc. No.69860 of 2018(2) dt.04-12-2018 2/3 came and assaulted them. On hearing alarm, the informant's mother Naurangi Devi came to their rescue, in the meantime, co-accused Santosh Singh assaulted the mother of the informant with lathi on her head and she died and while returning coaccused Dinesh Singh and Hira Singh also assaulted the mother of the informant.

It is submitted by learned counsel for the petitioners that in the background of land dispute, the accusation has been levelled. The accusation of assault is not specific against the petitioners. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the petitioners are named in the FIR.

Considering the accusation levelled in the background of land dispute coupled with the statement in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court Cr.Misc. No.69860 of 2018(2) dt.04-12-2018 3/3 of learned Additional Chief Judicial Magistrate-I, Rohtas, Sasaram in connection with Kochas (Parsathua) P.S. Case No. 141 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T