Mahendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57499 of 2018 Arising Out of PS.Case No. -22 Year- 2018 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ====================================================== Mahendra Singh son of Late Shivji Singh, resident of village- Basuhara, P.S.- Sasaram (Muffasil), District- Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy, Advocate For the State : Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Sasaram (M) P.S. Case No.22 of 2018 registered under Sections 147, 341, 447, 427, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted by the learned counsel for the petitioner that due to land dispute between the parties, the instant case has been registered. It was the informant who was aggressor and tried to take possession over the land of the petitioner forcefully. The allegation that the petitioner pointed pistol upon the informant but not used in the alleged occurrence seems to be

Patna High Court Cr.Misc. No.57499 of 2018 (2) dt.28-09-2018 2/2 absurd. It is contended that from perusal of the first information report it would be evident that the offences under Sections 27 of the Arms Act and 379 of the Indian Penal Code are super addition. Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioner. Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram, Rohtas in connection with Sasaram (M) P.S. Case No.22 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T