Abhay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85055 of 2024 Arising Out of PS. Case No.-114 Year-2024 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== 1.

Abhay Kumar Singh S/o Late Lal Narayan Singh Resident of Rain Shankar, PS- Runnisaidpur, District- Sitamarhi, Bihar 2.

Amul Kumar Singh Son of Late Lal Narayan Singh R/o Rain Shankar, P.s. - Runnisaidpur, Distt.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Maurya Vijay Chandra, Advocate For the State :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 22-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Runisaidpur P.S. Case No.-114 of 2024, dated 10.04.2024, registered for the offences punishable under Sections 341, 323, 324, 307, 506 read with Section 34 of the Indian Penal Code.

3. As per allegation, on account of land dispute, altercation took place between the informant and the accusedpetitioners' side, resulting into injury on the head of the informant.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.85055 of 2024(3) dt.22-03-2025 2/3 Petitioners are innocent and have falsely been implicated in this case. He further submits that as a matter of fact, on account of land dispute, the altercation took place in which both sides got injured and case and counter case have been filed by both the sides. The case filed by the petitioners' side is Runisaidpur P.S. Case No. 5138013240115 of 2024, registered for the offences punishable under Section 307 and other allied Sections of IPC.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioners have one criminal antecedent.

7. Learned APP for the State vehemently opposes the prayer of the Petitioners for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-I, Sitamarhi, in

Patna High Court CR. MISC. No.85055 of 2024(3) dt.22-03-2025 3/3 connection with Runisaidpur P.S. Case No.-114 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J) shoaib/- U T