Birbal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7389 of 2023 Arising Out of PS. Case No.-453 Year-2022 Thana- GARKHA District- Saran ====================================================== BIRBAL SINGH Son of Late Dudh Nath Resident of village- Garkha, P.S.- Garkha,District- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dineshwar Mishra For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-05-2023 Heard the parties.

Petitioner seeks regular bail in connection with Garkha PS Case No. 453 of 2022 dated 18-7-2022 registered under Section 341, 323, 504, 324, 307 / 34 of the IPC. As per the FIR the petitioner was ploughing the disputed land which was objected by the informant, his son and other persons, upon which it has been alleged that petitioner assaulted the informant, the owner of Bunty hotel namely, Nagendra Rai and other persons.

Learned counsel for the petitioner submits that there is land dispute between the parties, which would be evident from the FIR. There is case and counter case between the parties inasmuch as the side of the petitioner has lodged an FIR vide Garkha PS Case No. 455 of 2022 in connection with the same

Patna High Court CR. MISC. No.7389 of 2023(2) dt.03-05-2023 2/2 occurrence. He further submits that the parties are co-sharers, the petitioner is in custody since 18th October, 2022, charge sheet has already been submitted and there is no likelihood that petitioner will abscond or tamper with the evidence if released on bail.

Regard being had to the submission made by the parties, taking into consideration the material on record, the fact that both the parties are co-sharers, there is land dispute between them, petitioner has got no criminal antecedent, he is in custody since 18/10/2022 and charge sheet has already been submitted , I am inclined to grant regular bail to the petitioner. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Vivek Kumar, learned Judicial Magistrate-1st Class, Chapra at Saran in connection with Garkha PS Case No. 453 of 2022.

(Anil Kumar Sinha, J) praful/- U T