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2025 DAILYLAW 83291 (PAT)

Siyaram Singh v. The State of Bihar

CR. MISC./84922/2024 · 2025-08-20

Anil Kumar Sinha

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84922 of 2024 Arising Out of PS. Case No.-93 Year-2024 Thana- Kharagpur District- Munger ====================================================== 1. Siyaram Singh Son of Late Nageshwar Singh Resident of Village- Kisanpur, P.O.- kendua, P.S.- Haveli Kharagpur, Distt.- Munger, Bihar-811213 2. Chandrika Singh @ Chandrika Prasad Singh Son of Late Nageshwar Singh Resident of Bhatta Road, Aadarsh Nagar, Laluchak Bhatta, Jagdishpur, P.S.- Bhagalpur, Distt.- Bhagalpur, Bihar-812001 3. Ramanand Singh Son of Late Chaturbhuj Singh Resident of Village- Banama, P.S.- Shakhund, Distt.- Bhagalpur, Bihar-813108 ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar For the Opposite Party/s : Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 4 20-08-2025 1. Heard the parties. 2. The petitioners apprehends their arrest in connection with Kharagpur P.S. Case No. 93 / 2024 dated 16.03.2024 registered under Sections 147 / 148 / 149 / 307 / 354 / 452 / 323 / 379 / 34 of the I.P.C. 3. As per the first information report on 21.01.2024 the petitioners and other accused persons who are agnates of the informant started fencing around the ancestral land of the informant with barbed wires and wooden pillars in order to grab Patna High Court CR. MISC. No.84922 of 2024(4) dt.20-08-2025 2/4 informant’s land. When the informant objected they became angry and petitioner no. 1 ordered to kill the informant and then one Shyam Shankar Singh with intention to kill attacked the brother of the informant namely Ravi Shankar Singh with a khanti and petitioner no. 2 assaulted Prabhu Shankar Singh with khanti. There is no specific allegation against the petitioner no. 3. 4. Learned counsel for the petitioners submits that petitioner nos. 1, 2 & 3 are aged persons aged about 71, 69 and 74 years respectively. They have falsely been implicated in this case along with other family members due to previous land dispute between both the parties who are agnates and having common ancestors. There is no allegation of any overt act against the petitioner no. 1 and at best he can be said to be an order giver. There is no specific allegation against the petitioner no. 3. 5. On the other hand, learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submits that petitioners along with other accused assaulted the informant and his family members. Two persons have sustained grievous injury and there is specific allegation of assault against the petitioner no. 2 due to which Prabhu Shankar Singh has sustained grievous injury as per the medical report. Patna High Court CR. MISC. No.84922 of 2024(4) dt.20-08-2025 3/4 6. Regard being had to the submission made by the parties, taking into consideration the fact that there is specific allegation of assault against the petitioner no. 2 (Chandrika Singh @ Chandrika Prasad Singh) causing grievous injury, I am not inclined to grant anticipatory bail to the petitioner no. 2. The same is rejected. 7. Insofar as the petitioner nos. 1 & 3 namely Siyaram Singh and Ramanand Singh respectively are concerned, taking into consideration the nature of allegation against them, I am inclined to grant anticipatory bail to the petitioner nos. 1 & 3. 8. Let the petitioner nos. 1 & 3 , above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV cum Sub Judge VI, Munger in connection with Kharagpur P.S. Case No. 93 / 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. 9. It is made clear that if the petitioner no. 2 surrenders and seeks regular bail it is expected that the court below will consider the same on its own merit without being prejudiced to the fact that the prayer for anticipatory bail of the petitioner no. Patna High Court CR. MISC. No.84922 of 2024(4) dt.20-08-2025 4/4 2 has been rejected by this court. praful/- (Anil Kumar Sinha, J) U T