Krishna Singh @ Krishna Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9178 of 2024 Arising Out of PS. Case No.-138 Year-2022 Thana- AMNAUR District- Saran ====================================================== 1.
KRISHNA SINGH @ KRISHNA KUMAR SINGH SON OF LATE HARISHANKAR SINGH 2.
SUDAMA SINGH @ SUDAMA KUMAR SINGH SON OF LATE HARISHANKAR SINGH 3.
KUNAL KUMAR @ KUNAL SINGH SON OF KRISHNA SINGH @ KRISHNA KUMAR SINGH 4.
SUMAN DEVI, WIFE OF SUDAMA SINGH @ SUDAMA KUMAR SINGH All RESIDENT OF VILLAGE - SHEIKHPURA, P.S. - AMNOUR, DISTRICT - SARAN AT CHAPRA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dewendra Narayan Singh, Advocate For the Opposite Party/s :
Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-02-2024 Heard Mr. Dewendra Narayan Singh, learned counsel appearing on behalf of the petitioners and Mr. Satya Nand Shukla, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Amnaur P.S. Case No. 138 of 2022 dated 22.05.2022 registered for the offence(s) punishable under Sections 147, 149, 323, 324, 325, 307, 354, 504 and 506 of the Indian Penal Code.
3. As per the allegation made in the FIR, the petitioners along with other co-accused had assaulted the informant and her grandson, as a result of which, both of them
Patna High Court CR. MISC. No.9178 of 2024(2) dt.22-02-2024 2/3 sustained injury.
4. Learned counsel appearing on behalf of the petitioners submitted that due to land dispute, an altercation took place and both the sides entered into fierce fight and in the self-defence, petitioners may have caused some injury on the person of the informant and her grandson, without any intention to kill them. There is case and counter case between the parties. Petitioners have clean antecedents. On these grounds, petitioners seek to be released on bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as having perused the allegation made in the FIR, it appears that petitioner no.1 had assaulted the informant' grandson, which, as per the opinion of the doctor, caused crack in his tooth; petitioner no.2 had assaulted the informant with dagger on her hand and injury is simple in nature; petitioner no.3 had assaulted with daab (sickle) on the head of the grandson of the informant, which, according to the opinion of the doctor, is lacerated and simple in nature, falsifying the allegation that the petitioner no.3 had assaulted with sharp-edged weapon and general and omnibus allegation
Patna High Court CR. MISC. No.9178 of 2024(2) dt.22-02-2024 3/3 has been made against the petitioner no.4 and, as such, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their 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 Additional Chief Judicial Magistrate-IX, Saran at Chapra in connection with Amnaur P.S. Case No. 138 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Purnendu Singh, J) Sanjay/- U T