Patna High CourtCR. MISC./3785/2024bail granted

Satish Singh @ Satis Kumar Singh v. The State Of Bihar

2024-02-20Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3785 of 2024 Arising Out of PS. Case No.-296 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

Satish Singh @ Satis Kumar Singh S/O Late Ramjee Singh R/O VillageBehara, Sabalpur, P.S- Udwant Nagar, Distt.- Bhojpur. 2.

Ajay Kumar Singh @ Ajay Singh S/O Late Ramjee Singh R/O VillageBehara, Sabalpur, P.S- Udwant Nagar, Distt.- Bhojpur. 3.

Kanhaiya Singh S/O Shiv Jee Singh R/O Village- Behara, Sabalpur, P.SUdwant Nagar, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Singh, Adv.

For the Opposite Party/s :

Mr.Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Udwantnagar P.S. Case No. 296 of 2023 dated 09.07.2023 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 307, 354, 448 and 379 of the Indian Penal Code and u/s 27 of the Arms Act.

3. As per the prosecution case, the petitioners and the co-accused persons are alleged to have attacked on the informant's family with bricks, stones, lathi and dand and also misbehaved with the female members of the informant's family.

Patna High Court CR. MISC. No.3785 of 2024(3) dt.20-02-2024 2/3 The accused persons dishonestly took out some ornaments and cash from the box of the informant.

4. Learned counsel for the petitioners has submitted that the petitioners is innocent and have falsely been implicated in this case. There is a case and counter case between the parties. It is further submitted that land dispute is admitted between the parties. There is general and omnibus allegation against the petitioners. Learned counsel has further submitted that the allegation of theft against the petitioner Kanhaiya Singh is ornamental. As per injury report of the injured, the injury is simple in nature. The petitioners have three criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Bhojpur at Ara in connection with Udwant Nagar P.S. Case No. 296 of

Patna High Court CR. MISC. No.3785 of 2024(3) dt.20-02-2024 3/3 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further condition :- (i) The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of their bail bond.

7. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T