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Basant Singh v. The State of Bihar

Patna HC19 Aug 2019CR. MISC./51677/2019

Case brief

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What is this about?

This single-judge oral order grants anticipatory bail to three petitioners facing charges of house trespass and theft. The court noted prior enmity between the parties as a significant factor in its decision.

What did the court decide?

The petitioners are directed to surrender within four weeks to be released on anticipatory bail upon furnishing a bond of Rs.10,000 with two sureties.

Basant Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51677 of 2019

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Arising Out of PS. Case No.-72 Year-2019 Thana- KURTHA District- Jehanabad

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======================================================

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Basant Singh, Son of Late Sidheshwar Singh Resident of Village - Sikaria, P.S.- Kurtha, District - Arwal

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Randhir Singh, Son of Basant Singh Resident of Village - Sikaria, P.S.Kurtha, District - Arwal

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Mangal Singh, Son of Basant Singh Resident of Village - Sikaria, P.S.Kurtha, District - Arwal

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Singh For the Opposite Party/s : Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

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ORAL ORDER

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2 19-08-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

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Petitioners apprehend their arrest in connection with Kurtha P.S. Case No.72 of 2019 for the offence punishable under Sections 452, 380 of the Indian Penal Code.

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The allegation against the petitioners, as mentioned in the FIR is that the informant’s daughter was sleeping in his house and door was opened. On the date of occurrence, i.e., on 24.05.2019, the daughter of the informant woke up due to sound and she saw that the petitioners were removing household articles from the house. It has further been alleged that on objection being raised by the daughter of the informant, the petitioners inflicted blow by means of sickle to the informant’s

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Patna High Court CR. MISC. No.51677 of 2019(2) dt.19-08-2019 2/3

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daughter due to which Baijayanti Devi sustained cut injury in her palm of right hand and another daughter, Sawitri Devi sustained cut injury whereas Khushbu Kumari sustained injury in her back. It has further been alleged that the petitioners took away golden ring, nose pin etc. from the daughter of the informant. It has further been alleged that when the informant came back to his house from outside, he found that one bicycle kept in the back and cash of Rs.2,500/- were missing from the house.

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Learned counsel for the petitioners submits that petitioner No.1 is father of petitioner No.2 and 3. Learned counsel further submits that both the parties are neighbours and there is previous enmity between them inasmuch as earlier also case was lodged by the informant against the petitioners. Learned counsel submits that the present case has been filed due to some scuffle which had taken place between the informant and petitioner No.1.

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After having heard learned counsel for the petitioners as well as learned counsel appearing on behalf of the State and taking into consideration the fact that both the parties are neighbours and there appears to be previous enmity between them, as such, I am inclined to grant anticipatory bail to all the

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Patna High Court CR. MISC. No.51677 of 2019(2) dt.19-08-2019 3/3

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petitioners.

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Accordingly, all the petitioners, above named, are directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by them, they shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M.,Arwal, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

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(Anil Kumar Sinha, J)

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sanjeev/-

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U T

Basant Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Basant Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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