Sanjay Kumar Kiran @ Sanjay Kumar Keeran And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52112 of 2018 Arising Out of PS. Case No.-184 Year-2017 Thana- CHAPRA MUFFASIL District- Saran ======================================================
1. Sanjay Kumar Kiran @ Sanjay Kumar Keeran, S/o Ramanand Keeran, R/o Mohalla- Near Mahindra Motors, Shiv Tola, Ramnagar, P.S.- Chapra Muffasil, District- Saran at Chapra.
2. Sunil Rai S/o Ram Bilash Rai, R/o Mohalla- Sandha, P.S.- Chapra Muffasil, District- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Binod Singh For the Opposite Party/s :
Mr. Sri Binod Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Chapra Muffasil P.S. Case No. 184 of 2017, disclosing offences under Sections 327, 341, 504, 386, 387 and 506/34 of the Indian Penal Code.
The allegation against the petitioners is that they had forcibly stopped the construction of the house being made by the informant over a plot of land, they were demanding rangdari and after having assaulted the informant, they snatched certain money from his possession.
Mr. Bindhyachal Singh, learned counsel, appearing on behalf of the petitioners, with reference to the statement made
Patna High Court Cr.Misc. No.52112 of 2018(2) dt.28-09-2018 2/3 in paragraph 8 of this application, contends that petitioner no.2 had filed a Title Suit bearing Registration No. 21 of 2017 in respect of the said land with a plea that the land belongs to him. He also contends that a proceeding under Section 144 of the Cr. P.C. was also initiated earlier in the court of learend Sub Division Magistrate, Chapra, Sadar, in this regard. He accordingly contends that the implication of the petitioner is false and because of the civil disputes.
On perusal of the FIR and the statements made in the bail application, I find substance on behalf of the petitioners. This application is, accordingly, allowed.
Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 184 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before Police/Court, as the case may be, as and when required and in the event of failure on their part
Patna High Court Cr.Misc. No.52112 of 2018(2) dt.28-09-2018 3/3 to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Ashish/- U