Partly allowed

Bindeshwari Prasad Singh and Ors. v. The State Of Bihar

Patna HC25 Nov 2014CR. MISC./27369/2014

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to four petitioners who apprehended arrest for alleged offences including racial hate and illegal possession. The court observed the accusations were false and motivated by a land dispute.

What did the court decide?

Petitioners released on bail on furnishing Rs.10,000 each with two sureties, subject to cooperation and attendance conditions.

Bindeshwari Prasad Singh and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27369 of 2014

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Arising Out of PS.Case No. -392 Year- 2013 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ====================================================== 1. Bindeshwari Prasad Singh, son of Raghu Nandan Singh, 2. Kanti Kumari Sinha @ Kanti Kumari, w/o. Bindeshwari Pd. Singh 3. Manish Kumar @ Manish Ranjan, s/o. Bindeshwari Singh’ 4. Amarendra Kumar Singh, s/o. Jai Mangal Singh, All resident of Khabra Road, Shailesh Asthan, P.S. Kazi Mohammadpur,Dist. Muzaffarpur. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar Singh,Advocate

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For the Opposite Party/s : Mr. Sadanand Paswan,APP

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====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER

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3 25-11-2014 Heard learned counsel for the petitioners and learned APP for the State.

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The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 341, 323, 504/34 IPC, Section 3(x) of the S.C./S.T. Act and Section 27 of the Arms Act registered in connection with Kazi Mohammadpur P.S. Case No. 392 of 2013.

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It is submitted that the petitioners have been falsely implicated on the general and omnibus accusations. No offence under S.C./S.T. Act is made out. The accusation under Arms Act is also false and concocted and the same is

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Patna High Court Cr.Misc. No.27369 of 2014 (3) dt.25-11-2014

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unsubstantiated. The FIR has been instituted on the backdrop of land dispute between the parties for which Title Suit No. 5 of 2007 has been filed by the petitioners. The vindictive attitude of the informant also appears from the fact that another similar case has also been filed by the informant’s associates on the same day against the petititoner.

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Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur, in connection with Kazi Mohammadpur P.S. Case No. 392 of 2013 subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

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(i) The petitioners shall cooperate with the investigation and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

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Patna High Court Cr.Misc. No.27369 of 2014 (3) dt.25-11-2014

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(ii) The petitioners shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, their bail bonds shall be liable to be cancelled by the learned Court concerned.

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(Vikash Jain, J)

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Chandran
U T

Bindeshwari Prasad Singh and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Bindeshwari Prasad Singh and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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