Satendra Kumar Singh @ Satendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84391 of 2024 Arising Out of PS. Case No.-199 Year-2024 Thana- PHULWARIYA District- Gopalganj ====================================================== Satendra Kumar Singh @ Satendra Singh Son of Late Hari Narayan Singh Resident of Village - Jataha, P.S.- Phulwariya, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghav Prasad, Advocate For the State :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 11-12-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.
2. The petitioner seeks anticipatory bail, apprehending his arrest, in connection with Phulwariya PS. Case No.-199 of 2024 dated 30.06.2024, registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506 and 379/34 of the Indian Penal Code.
3. As per allegation, altercation took place between accused and informant side in regard to possession of land in which both sides have received injuries and counter case bearing Phulwariya PS. Case No.-200 of 2024 has also been filed by the accused side.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.84391 of 2024(2) dt.11-12-2024 2/3 case. He further submits that there is land dispute and the informant side were aggressor because they had come to the land which was being ploughed by the accused side.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.
7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. In view of the land dispute and case and counter case and also in view of the fact that both sides have got injuries, this petition is allowed, directing the petitioner, abovenamed, to be enlarged on bail, in the event of his 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 his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. A.C.J.M.-XVI, Gopalganj, in connection with Phulwariya PS. Case No.-199 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:
Patna High Court CR. MISC. No.84391 of 2024(2) dt.11-12-2024 3/3 (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his 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, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T