Munshi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5726 of 2019 Arising Out of PS. Case No.-623 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.

MUNSHI SINGH, Son of Late Ramjanam Singh Resident of Village - Badki Karpurwa, P.S.- Darigaon, District - Rohtas.

2.

Sipahi Singh Son of Late Ramjanam Singh Resident of Village - Badki Karpurwa, P.S.- Darigaon, District - Rohtas.

3.

Manoj Singh S/O Late Kailash Singh Resident of Village - Badki Karpurwa, P.S.- Darigaon, District - Rohtas.

4.

Rajeev Kumar @ Chhotu Son of Sipahi Singh Resident of Village - Badki Karpurwa, P.S.- Darigaon, District - Rohtas.

5.

Ravi Rajan Kumar @ Ravi Ranjan Singh Son of Sipahi Singh Resident of Village - Badki Karpurwa, P.S.- Darigaon, District - Rohtas. 6.

Santosh Kumar S/O Munshi Singh Resident of Village - Badki Karpurwa, P.S.- Darigaon, District - Rohtas.

7.

Lalan Singh, Son of Keshnath Singh Resident of Village - Badki Karpurwa, P.S.- Darigaon, District - Rohtas.

8.

Tuntun Singh, Son of Keshnath Singh Resident of Village - Badki Karpurwa, P.S.- Darigaon, District - Rohtas.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ramchandra Singh For the Respondent/s :

Mr. Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-01-2020 This appeal has been filed for quashing of the order dated 02.12.2019 passed by the learned 1st Additional District and Sessions Judge, Sasaram, Rohtas and for grant of anticipatory bail in connection with Darigaon P. S. Case No. 623 of 2019 disclosing offences under Sections 341, 323, 379, 504, 506, 147, 148 of the Indian Penal Code and Section 3(i)(r) (s) of the SC/ST Act. As per F.I.R. the appellants and other accused persons

Patna High Court CR. APP (SJ) No.5726 of 2019(2) dt.06-01-2020 2/2 came variously armed abused the informant and her husband and also assaulted him.

Submission of the learned counsel for the appellant is that F.I.R. itself shows that there is a land dispute between the parties. There is no specific allegation has been attributed against them. Heard learned Special P.P. also.

Having heard both sides, considering the above submissions, made above, this appeal is allowed. The impugned order dated 02.12.2019 passed by the learned 1st Additional District and Sessions Judge, Sasaram, Rohtas, is set aside. Let the appellants, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned 1st Additional District and Sessions Judge, Sasaram, Rohtas, in connection with Darigaon P. S. Case No. 623 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T