Anil Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73055 of 2019 Arising Out of PS. Case No.-356 Year-2018 Thana- GORAUL District- Vaishali ====================================================== 1.
ANIL KUMAR SINGH, aged about 52 years, Male, Son of Late Rajendra Singh, Resident of Village - Ismailpur, P.S.- Goraul, District- Vaishali at Hajipur 2.
Ravishankar Jadav @ Ravishankar Jadav, aged about 42 years, Male, Son of Mauje Yadav Resident of Village - Pojha, P.S.- Goraul, District- Vaishali at Hajipur ... Petitioners
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Anish Chandra, Adv.
For the Opposite Party :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.
The petitioners seek pre-arrest bail in connection with Goraul P.S. Case No. 356 of 2018 registered under Sections 147, 148, 149, 323, 332, 333, 337, 307 and 504 of the Indian Penal Code and 27 of the Arms Act.
The accusation is that while the informant was on patrolling duty, then, received information that there is tension in village Ismailpur between Chandeshwar Prasad and Anil Kumar Singh (petitioner no. 1) to plough the land, thereafter, the informant, along with other police personnel, reached there, then, found tobacco crop over the disputed land and both the parties are trying to plough it. He tried to convince both the
Patna High Court CR. MISC. No.73055 of 2019(2) dt.19-11-2019 2/3 parties, but, in the meantime, Ravi Shankar Yadav came with tractor in the filed and started to plough the field instead of protest. He also tried to dash him through tractor. Any how, informant saved himself. In the meantime, Chandeshwar Prasad Singh and his associates started firing and Anil Kumar Singh also started firing, along with his associates, due to that reason villagers started moving hither and thither. The associates of Chandeshwar Prasad Singh put the fire in the tractor. Thereafter, the informant sent the information at the Police Station for force. In the meantime, brick batting started in which some villagers sustained injury and nine persons, including both the petitioners, were identified indulged in making firing.
Submission is that it is alleged in the first information report that there is firing by the petitioners and others, but, no one has sustained injury. Both the petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Goraul P.S. Case No. 356 of 2018 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees
Patna High Court CR. MISC. No.73055 of 2019(2) dt.19-11-2019 3/3 ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T