Rohit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77646 of 2019 Arising Out of PS. Case No.-253 Year-2018 Thana- AWTARNAGAR District- Saran ====================================================== Rohit Singh, son of Umesh Singh, Resident of Village - Ratanpura Basant, P.S.- Awtarnagar, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 17-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for anticipatory bail apprehending his arrest in a case registered for the offence under sections 341, 307, 504 and 34 of the Indian Penal Code.

As per the allegation in the FIR, it is submitted that when the informant and his brother went to their land they found four named accused persons including the petitioner herein were irrigating the land. It is further stated that on the two brothers asking them not to irrigate, the accused persons started to abuse them and demanded Rs. 50,000/- by way of 'rangdari'. It is further stated that on the orders of Ram Nath Singh, Prakash Singh started to fire indiscriminately with

Patna High Court CR. MISC. No.77646 of 2019(3) dt.17-02-2020 2/3 country made pistol.

It is submitted by learned counsel for the petitioner that the allegations are general and omnibus in nature and from the F.I.R itself, it would be evident that the same relates to the possession over the agricultural land. It is further submitted that no person received any injury and another F.I.R named coaccused namely Ram Nath Singh has been enlarged on anticipatory bail by order dated 17.6.2019 passed in Criminal Misc. no. 36735 of 2019.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the fact of there being general and omnibus allegation against the petitioner and grant of bail to the co-accused, the Court is inclined to enlarge the petitioner on bail. The petitioner, above named, in the event of his arrest or surrender in the Court below within a period of six weeks from today in connection with Awtarnagar P.S. Case no. 253 of 2018 is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial

Patna High Court CR. MISC. No.77646 of 2019(3) dt.17-02-2020 3/3 Magistrate, Saran, subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash/- U T