Patna High CourtCR. MISC./14774/2023partly allowed disposal

Balbir Singh v. The State Of Bihar

2023-09-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14774 of 2023 Arising Out of PS. Case No.-241 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

Balbir Singh S/O Sheo Pujan Singh R/V- Eroo, P.S.- Wazirganj, DistrictGaya 2.

Karan Singh @ Shere Karan S/O Ranbir Singh R/V- Eroo, P.S.- Wazirganj, District- Gaya 3.

Kishan Singh @ Shere Kishan S/O Ranbir Singh R/V- Eroo, P.S.- Wazirganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nand Kishore Prasad Sinha, Adv For the Opposite Party/s :

Mr.Umanath Mishra,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379/34 of the Indian Penal Code.

3. The Petitioners are said to have assaulted the informant and his family members by means of lathi, danda and rod.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Petitioner no. 1 has got no criminal antecedent and petitioner nos 2 and 3 have got two criminal antecedents which is mentioned in Para-3 of the bail petition. He submits that there

Patna High Court CR. MISC. No.14774 of 2023(5) dt.08-09-2023 2/2 is case and counter case between the parties and admitted land dispute and both the sides have sustained injury. The allegation against the petitioners is that they assaulted the informant and his family members. He further submits that one of the injury was found grievous in nature. He further submits that there is no specific overt act against the petitioners and there is general and omnibus allegation levelled against the petitioners.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner nos. 1 and 3 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) with 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 Wajirganj P.S. Case No. 241 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

N.K/- (Anjani Kumar Sharan, J) U T