Arun Singh @ Brajendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6721 of 2016 Arising Out of PS.Case No. -40 Year- 2015 Thana -GAUTAMBUDHNAGAR District- SIWAN ====================================================== Arun Singh @ Brajendra Singh S/o Kanhaiya Singh resident of village - Chaudhary Patti, P.S. G.B. Nagar, District - Siwan .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-03-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. representing the State.
The petitioner seeks bail in connection with G.B. Nagar P.S. Case No. 40 of 2015 registered for the offences punishable under Sections 307, 147, 148, 149, 323, 324, 427, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
Allegedly, due to land dispute, the petitioner and other F.I.R. named accused persons came and started assaulting the informant and the petitioner on the order of co-accused Gautam Singh assaulted Gautam Prasad with sword on his head resulting Gautam Prasad became injured and further they took away cash of Rs. 1,00,000/- and damaged three motorcycles.
Patna High Court Cr.Misc. No.6721 of 2016 (2) dt.01-03-2016 2/2 Submission is of false implication due to land dispute, the injury received on the person of Gautam Prasad, there are two lacerated wounds and one diffuse swelling in left hand caused by hard and blunt substance and further injury nos. 1 and 2 are simple in nature and, as such, the petitioner who is suffering in custody since 12.12.2011, deserves sympathetic consideration to which the learned A.P.P. duly assisted by the learned counsel for the informant opposes by submitting that all the accused persons have assaulted the informant.
In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Siwan in connection with G.B. Nagar P.S. Case No. 40 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U T