Nagendar Singh @ Nagendra Prasad ... vs The State Of Bihar
2021 Latest Caselaw 1039 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.31805 of 2020
       Arising Out of PS. Case No.-88 Year-2020 Thana- UDWANTNAGAR District- Bhojpur
     ======================================================

1. Nagendar Singh @ Nagendra Prasad Singh, aged about 75 years, Male, S/o Late Gaurishankar Singh

2. Dharmendra Singh @ Dharmendra Kumar Singh, aged about 47 years, Male, S/o Nagendra Singh

Resident of Village- Piyaniya, P.S.- Udwantnagar, District- Bhojpur.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the State : Mr. Bharath Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-02-2021

Heard Mr. Ajay Kumar Singh, learned counsel for the

petitioners and Mr. Bharat Bhushan, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioners apprehend arrest in connection with

Udwantnagar PS Case No. 88 of 2020 dated 03.03.2020,

instituted under Sections 341/323/379/504/34 of the Indian

Penal Code and 27 of the Arms Act, 1959.

3. The allegation against the petitioners is of snatching

Rs. 2,000/- and gold chain from the informant.

4. Learned counsel for the petitioners submitted that

the allegations are cosmetic in nature and most importantly, one Patna High Court CR. MISC. No.31805 of 2020 dt.20-02-2021

of the co-accused Atul Kumar @ Prince Singh Bigaru was killed

after the present case by the informant's side for which a case

against the informant's side has been lodged. Learned counsel

submitted that the petitioner no. 1 is 75 years old and that both

the petitioners have no other criminal antecedent whereas the

informant himself is a criminal.

5. Learned APP submitted that the allegation is of

snatching Rs. 2,000/- and gold chain against the petitioners.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

each with two sureties of the like amount each to the satisfaction

of the learned Chief Judicial Magistrate, Bhojpur at Ara in

Udwantnagar PS Case No. 88 of 2020, subject to the conditions

laid down in Section 438(2) of the Code of Criminal Procedure,

1973 and further (i) that one of the bailors shall be a close

relative of the petitioners, (ii) that the petitioners and the bailors

shall execute bond with regard to good behaviour of the

petitioners, and (iii) that the petitioners shall cooperate with the

Court and the police/prosecution. Any violation of the terms and Patna High Court CR. MISC. No.31805 of 2020 dt.20-02-2021

conditions of the bonds or non-cooperation would lead to

cancellation of their bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T