Braj Kishore Prasad Singh @ Brajnandan Singh, Jitendra Kumar Singh, Sanjeev Kumar Singh and Santosh Kumar Singh vs The State of Bihar

Jitendra Mohan Sharma, J.—Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case which has been registered under Sections 323, 427, 457, 380, 354/34 of the Indian Penal Code.

This case is based on a complaint petition wherein it has been alleged that the petitioner nos. 2 and 4 arrived at the house of the informant armed with Lathi, rod and revolver entered into the informant''s room, broke three doors, the petitioner no. 1 also entered into the house, committed loot of ornaments worth Rs. 3 lakhs, cash of Rs. 1.5 lakhs and upon alarm being raised by the informant the petitioner no. 4 pointed pistol on her resulting all the family members kept mum and further they damaged television and other assets causing loss of Rs. 40,000/- by assaulting the family members of the informant with kick, fists and slaps. The petitioner no. 4 caught hands of the informant with bad intention.

The learned counsel for the petitioners seeks the privilege of pre-arrest bail placing their innocence, false implication and submitting that the informant is in habit to lodge false cases only with a view to harass the petitioners, admittedly there is land dispute between the parties, Hajipur Sadar P.S. Case No. 177 of 2011 lodged by the informant u/s 376 of the Indian Penal Code was found false, final form was submitted by the investigating agencies and then she filed a protest which was rejected by the learned Chief Judicial Magistrate, Hajipur, the prosecution story appears not probable, offence u/s 457 and 354 of the Indian Penal Code are super additions.

The learned APP opposes the prayer for pre-arrest bail by submitting that enmity cuts both the end and the petitioners want share forcibly in the land which was gifted by the Phuwa of father-in-law of the informant to the father-in-law.

Considering the submissions, going through the FIR, impugned order, record and noticing that the learned Sessions Judge, Vaishali at Hajipur in the impugned order has noticed after considering the case diary that there is land dispute between the parties, some disputed land was gifted in favour of the father-in-law of the informant wherein the petitioners are interested to take share, earlier Hajipur Sadar P.S. Case No. 177 of 2011 filed u/s 376 of the Indian Penal Code by the informant was found false and her protest petition was also rejected, so taking into consideration all these facts, the petitioners namely Braj Kishore Prasad Singh @ Brajnandan Singh, Jitendra Kumar Singh, Sanjeev Kumar Singh and Santosh Kumar Singh are directed to be released on anticipatory bail in case of their arrest or surrender within a period of one month from today before the court below on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Sadar Hajipur P.S. Case No. 57 of 2014, subject to the conditions laid down u/s 438(2) of the Cr.P.C.