Baleshwar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12464 of 2018 Arising Out of PS.Case No. -82 Year- 2017 Thana -SHEIKHOPUR SARAI District- SEKHPURA ====================================================== 1.

Baleshwar Singh, aged about 68 years, son of late Musafir Singh, resident of village Panhensa, P.S. Sheikhopur Sarai, Distt. Sheikhpura. 2.

Ram Shankar @ Rama Shankar Singh, son of late Rajendra Prasad Singh @ Rajendra Singh, resident of village Panhensa, P.S. Sheikhopur Sarai, Distt. Sheikhpura.

3.

Anant Kumar Singh, son of late Arjun Singh, resident of village Panhensa, P.S. Sheikhopur Sarai, Distt. Sheikhpura. 4.

Janardan Singh, son of late Mishri Singh, resident of village Panhensa, P.S. Sheikhopur Sarai, Distt. Sheikhpura.

5.

Avinash Kumar, son of Gore Lal Singh, resident of village Panhensa, P.S. Sheikhopur Sarai, Distt. Sheikhpura.

6.

Sachidanand Singh, son of late Kali Singh, resident of village Panhensa, P.S. Sheikhopur Sarai, Distt. Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar, Advocate. For the Opposite Party/s : Mr. Shyam Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-04-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Sheikhopur Sarai P.S. Case No. 82 of 2017 instituted for the offence under Sections 188, 353 and 34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that status quo in respect of the land of Khata No. 30, Khesra No. 841 has already been granted by the Hon'ble Court vide order dated 23.02.2017 passed in CWJC 2409 of 2017 (Annexure-2).

Patna High Court Cr.Misc. No.12464 of 2018 (3) dt.09-04-2018 2/3 The instant case has been filed by the informant just to give pressure upon the petitioners as the informant wanted to construct Engineering College on the aforesaid land without initiating proper Acquisition Proceeding and making payment of compensation to the petitioner.

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 Sheikhopur Sarai P.S. Case No. 82 of 2017, 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 Additional Chief Judicial Magistrate-1st, Sheikhpura, 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,

Patna High Court Cr.Misc. No.12464 of 2018 (3) dt.09-04-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T