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Patna High CourtCR. MISC./6306/2016bail granted

Karu Kumar Singh @ Karu Singh v. The State Of Bihar

2016-02-26Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6306 of 2016 Arising Out of PS.Case No. -114 Year- 2015 Thana -PATORI District- SAMASTIPUR ====================================================== Karu Kumar Singh @ Karu Singh, son of Late Hare Ram Singh, Resident of Village- Sarsava, P.S. Patori (Mohanpur O.P.), District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhay Shankar Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kr. 1, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-02-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Patori (Mohanpur O.P.) P.S. Case No. 114/15 for offences alleged under Sections 147, 148, 149, 341, 323, 324, 307, 504, 506 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that on 25.03.2015 and 12.30 P.M. while he was getting wheat crop harvested at his land situated in Sarsava Hare Ram Singh Kanhai Singh and Karu Singh (petitioner) and five unknown variously armed with lathi, iron rod and knife came and prevented him from harvesting. Informant told that he had purchased the said land from Upendra Singh and is

Patna High Court Cr.Misc. No.6306 of 2016 (3) dt.26-02-2016 2/3 doing the agriculture work. Informant was caught by them. Petitioner and Kanhai Singh gave multiple knife blows resulting injury on chest and left leg. He fell down and when Nursing Rai came to rescue him he was also assaulted by them. It has been submitted by the learned counsel for the petitioner that he is innocent having no criminal history, as is evident from paragraph 3 of this petition and there was a land dispute between both the parties, for which father of the petitioner has also lodged a counter version bearing Patori (Mohanpur O.P.) P.S. Case No. 117/15. Learned counsel for the petitioner further submits that both the cases were supervised together and both the parties have received injuries. Learned APP for the State, however, submits that the petitioner has caused injury on the informant and does not deserve the privilege of bail.

Be that as it may, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, in connection with Patori (Mohanpur O.P.) P.S. Case No. 114/15, subject to the

Patna High Court Cr.Misc. No.6306 of 2016 (3) dt.26-02-2016 3/3 conditions as laid down under Section 438(2) Cr.P.C. (Nilu Agrawal, J.) Rajesh/- U T