Surendra Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57213 of 2018 Arising Out of PS.Case No. -48 Year- 2018 Thana -DEO District- AURANGABAD ======================================================
1. Surendra Singh, Son of Sri Kamta Singh
2. Sadhusharan Singh, Son of Late Nageshwar Singh
3. Lakhan Singh, Son of Late Nageshwar Singh
4. Pintu Kumar, Son of Sri Sadhusharan Singh
5. Sujit Kumar, Son of Sri Sadhusharan Singh. All resident of Village- Aroura, Police Station- Deo, DistrictAurangabad. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Deo P.S. Case No. 48 of 2018 registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code.
The written report of the informant goes to show that it were F.I.R. named accused, Ravindra Singh and Ajit Kumar who gave sword and gadasa blow to father of the informant. So far as petitioners are concerned, it is only stated that they were also present on the place of occurrence when occurrence took place and
Patna High Court Cr.Misc. No.57213 of 2018 (2) dt.20-09-2018 2/2 furthermore, it is alleged that petitioner no. 1 took out rupees three thousand from the pocket of the informant's father. Submission on behalf of the petitioners is that petitioners and informant are agnates and as a matter of fact, there is land dispute between the parties and both the parties have filed cases against each others prior to institution of the present case.
Although, learned Additional Public Prosecutor opposed the bail prayer but taking note of this fact that no specific allegation of assault has been levelled against these petitioners and the allegation of theft appears to be super addition, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in Deo P.S. Case No. 48 of 2018 subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T