Uma Singh @ Uma Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11928 of 2022 Arising Out of PS. Case No.-320 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== 1.

Uma Singh @ Uma Shankar Singh Son Of Harihar Singh Resident Of Village- Rampurwa, P.S.- Chanpatia (Kumarbag O.P.), District- West Champaran At Bettiah.

2.

Satyendra Singh Son of Bachcha Singh Resident of Village- Rampurwa, P.S.- Chanpatia (Kumarbag O.P.), District- West Champaran at Bettiah. 3.

Jagdish Singh Son of Bachcha Singh Resident of Village- Rampurwa, P.S.- Chanpatia (Kumarbag O.P.), District- West Champaran at Bettiah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307 of the Indian Penal Code.

Learned counsel for the petitioners seeks permission to withdraw the petition with regard to petitioner No. 2 namely Satyendra Singh since he has

Patna High Court CR. MISC. No.11928 of 2022(2) dt.08-09-2022 2/3 been arrested.

Permission is accorded.

Accordingly, the petition with regard to petitioner No. 2 is permitted to be withdrawn. The prosecution case as per F.I.R is that all the F.I.R named accused persons including the petitioners variously armed, came at the door of the informant and started assaulting him. It is specifically alleged against co-accused Mantu Singh that he assaulted with Farsa on the head of the informant due to which, he sustained head injuries and when his brother and nephew came to his rescue, they were also assaulted by the accused persons.

It is submitted by learned counsel for the petitioners that in the background of a dispute with regard to passage of road, the occurrence took place. There is counter version of the occurrence also and petitioners' side also received injuries. There is no accusation of repeating the blow. A statement has been

Patna High Court CR. MISC. No.11928 of 2022(2) dt.08-09-2022 3/3 made in para 3 of the petition that petitioner Nos. 1 and 3 have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, except petitioner No. 2, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Chanpatia (Kumarbag O.P.) P.S. Case No. 320 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T