Patna High CourtCR. MISC./5556/2023partly allowed disposal

Nathuni Singh v. The State Of Bihar

2023-04-10Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5556 of 2023 Arising Out of PS. Case No.-477 Year-2022 Thana- KATEYA District- Gopalganj ====================================================== 1.

Nathuni Singh Son Of Nathu Singh R/O Village- Niyamat Guriyaw, P.S.- Kateya, District- Gopalganj, Bihar 2.

Haribansh Singh @ Harivans Singh Son Of Nathuni Singh R/O VillageNiyamat Guriyaw, P.S.- Kateya, District- Gopalganj, Bihar 3.

Radheshyam Singh Son Of Nathuni Singh R/O Village- Niyamat Guriyaw, P.S.- Kateya, District- Gopalganj, Bihar 4.

Santosh Singh Son Of Nathuni Singh R/O Village- Niyamat Guriyaw, P.S.- Kateya, District- Gopalganj, Bihar 5.

Ajay Singh Son Of Radheshyam Singh R/O Village- Niyamat Guriyaw, P.S.- Kateya, District- Gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2023 Learned counsel for the petitioners submits that the petitioner no. 4 has been arrested by the police, therefore, he seeks permission to withdraw this application with regard to petitioner no. 4.

Permission is granted.

Accordingly, this application is dismissed as withdrawn with regard to petitioner no. 4.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State for consideration of bail with regard to rest of the petitioners.

Patna High Court CR. MISC. No.5556 of 2023(2) dt.10-04-2023 2/3 The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 341, 323, 325, 307, 504, 506 of the Indian Penal Code. Petitioners are said to have assaulted the informant and his sister-in-law by means of lathi, danda and khanti. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that the petitioners and the informant are agnates and there is a long standing land dispute between the parties. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that there is case and counter case between the parties. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with

Patna High Court CR. MISC. No.5556 of 2023(2) dt.10-04-2023 3/3 two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kateya P.S. Case No. 477 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T