Dilip Singh @ Laden @ Dilip Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61915 of 2018 Arising Out of PS. Case No.-242 Year-2017 Thana- SAHEBPUR KAMAL DistrictBegusarai ======================================================

1. Dilip Singh @ Laden @ Dilip Kumar Singh

2. Ankit Kumar Singh alias Ankit Kumar alias Laltu ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Singh For the Opposite Party/s :

Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-10-2018 Heard learned counsels for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 504 and 506 of the IPC and Section 27 of the Arms Act.

The prosecution case as per the written report of Amit Kumar Singh submitted to the SHO, Sahebpur Kamal Police Station is to the effect that on 22.8.2017 at about 11.00 A.M. the informant and his family members were sitting at his door, in the meantime, the petitioner no. 2 and his father, petitioner no. 1 came and started abusing the informant. On protest being made, on the order of petitioner no. 1, petitioner no. 2 fired on the informant but it did not cause any injury. Thereafter, the accused persons took away Rupees Ten Thousand from the pocket of the informant's father and threatened him to give further Rupees

Patna High Court Cr.Misc. No.61915 of 2018(2) dt.06-10-2018 2/3 Ninty Thousand. It is also alleged that the accused persons earlier also cut the crop, bamboo and trees of the informant leading to registration of Sahebpur Kamal P.S. Case No. 38 of 2017 hence they are pressurizing the informant to withdraw the case. It is submitted by learned counsel for the petitioners that the petitioners are agnates of the informant. Admittedly, no injury was caused to the informant. It is further submitted that in the background of land dispute, the accusation has been levelled against the petitioners. The petitioners are not named in the earlier case lodged by the informant. Statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that there is specific accusation against the petitioners in the FIR.

Considering the accusation being levelled in the background of land dispute and no injury being caused to the informant, coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the

Patna High Court Cr.Misc. No.61915 of 2018(2) dt.06-10-2018 3/3 satisfaction of the learned ACJM-V, Begusarai in connection with Sahebpur Kamal P.S. Case No.242 of 2017 subject to the conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U