Vijendra Singh @ Vijendra Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.9430 of 2016 (2) dt.12-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9430 of 2016 Arising Out of PS.Case No. -118 Year- 2015 Thana -MOHAMMADPUR District- GOPALGANJ ======================================================

1. Vijendra Singh @ Vijendra Kumar,

2. Narendra Singh @ Nagendra Singh, All sons of Shionath Singh, R/VMajhwalia, P.S.- Mohammadpur, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ Manu, Advocate. For the Opposite Party/s : Mr. Nawal Kishore Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-04-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Mohammadpur P.S. Case No. 118 of 2015 registered under Sections 341, 323, 324, 307, 436 and 504/34 of the Indian Penal Code. The accusation is that six persons including the petitioners variously armed with putting Palani over the land of the informant. When he made protest then both petitioners gave Farsa blow at the head of the informant due to which he fell down. On raising alarm, his uncle, father and other rushed to save him then they were also assaulted by Lathi and Farsa.

Learned counsel for the petitioners submits that occurrence took place due to land dispute, in which, defence side

Patna High Court Cr.Misc. No.9430 of 2016 (2) dt.12-04-2016 also sustained injury, regarding which, Mohammadpur P.S. Case No. 120 of 2015 was also instituted against the informant of the present case and others. Further submission is that while there is specific allegation against the petitioners to cause injury at the head of the informant through Farsa but four injuries were found on his persons, i.e. lacerated wound on right parietal region of head, abrasion on right shoulder, pain and restriction and movement of left shoulder and pain in lower back, which are caused by hard and blunt substance.

Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of each weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in connection with Mohammadpur P.S. Case No. 118 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T