Patna High Court - Orders
Surendra Singh & Anr vs The State Of Bihar on 19 December, 2018
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.73063 of 2018
Arising Out of PS. Case No.-279 Year-2018 Thana- BIKRAMGANJ District- Rohtas
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1. Surendra Singh, Son of Late Indradeo Singh.
2. Upendra Singh, Son of Surendra Singh. Both resident of Village-
Baluahi, P.S. Bikramganj, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Singh
For the Opposite Party/s : Mr. Sri Kanhaiya Kishore
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
2 19-12-2018Heard learned counsel for the parties.
It is stated by the counsel for the petitioners that petitioner no.1 has been arrested during the pendency of this application and, as such, this application, as against him, has become infructuous.
In view of aforesaid, this application against petitioner no.1 is dismissed as having become infructous.
The application for anticipatory bail arises out of Bikramganj P.S. Case No. 279 of 2018, disclosing offences under Sections 144, 341, 323, 307, 379, 447 and 504 of the Indian Penal Code.
The allegation in the FIR is that the FIR named accused persons were ploughing the field, which belongs to the Patna High Court Cr.Misc. No.73063 of 2018(2) dt.19-12-2018 2/3 informant. When he along with his uncle went there to protest, all of them assaulted the informant and his uncle with sword. They are also said to have snatched a golden chain from the informant.
Learned counsel, appearing on behalf of the petitioners is correct in his submission that the dispute in respect of a piece of land is the reason behind the alleged occurrence, in respect of which, a counter case i.e. Bikramganj P.S. Case 278 of 2018 has also been filed.
Considering the above-noted submission, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the court below, 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 the learned A.C.J.M. Bikramganj, Rohtas in Bikramganj P.S. Case No. 279 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, Patna High Court Cr.Misc. No.73063 of 2018(2) dt.19-12-2018 3/3 their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) HR/-
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