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Patna High CourtCR. MISC./34793/2018bail granted

Bali Singh And ANR v. State Of Bihar And ANR

2018-07-02Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34793 of 2018 Arising Out of PS. Case No.-358 Year-2016 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ======================================================

1. Bali Singh, Son of Naresh Singh

2. Pradeep Singh, Son of Naresh Singh Both residents of Village - Sonbarsa, P.S. - Nabinagar, District - Aurangabad (Bihar).

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Laxuman Chandrabanshi, Son of Late Kamdeo Chandrabanshi resident of Village - Sonbarsa, P.S. - Nabinagar, District - Aurangabad (Bihar). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Leelawati Kumari For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 02-07-2018 Heard Dr. Leelawati Kumari , learned counsel for the petitioners and learned Additional Public Prosecutor. Two petitioners, apprehending their arrest in connection with Complaint Case No. 358 of 2016 , registered for the offence under Sections 323, 380, 436, 427, 504 & 506 of the Indian penal Code, 1860, have prayed for grant of bail in the event of their arrest or surrender.

It was submitted by learned counsel for the petitioners that petitioners and complainant side are 'pattidars' and in between them litigation is going on singe long. Learned counsel for the petitioners has also drawn my attention to the statement made in paragraph no. 10 of the petition to show that a title suit

Patna High Court Cr.Misc. No.34793 of 2018(2) dt.02-07-2018 2/2 vide Title Suit No. 219 of 2016 is already pending in between the parties. Besides this, there was also a proceeding under Section 144 of the Code of Criminal Procedure, 1973. Be that as it may, considering the nature of accusation as well as the fact that cases are pending in between the parties as well as the fact that case has been initiated on the basis of complaint petition, in the event of their arrest or surrender within a period of six weeks from today, let aforesaid two petitioners namely : (1) Bali Singh and (2) Pradeep Singh be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad / concerned court in connection with Complaint Case No. 358 of 2016 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T