Kavindra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11386 of 2020 Arising Out of PS. Case No.-37 Year-2018 Thana- BANSHI District- Jehanabad ====================================================== 1.
Kavindra Singh Son of Amerika Singh Resident of Village - Ekraunja, P.S.- Banshi, District- Arwal 2.
Chitranjan Kumar Son of Giraja Singh Resident of Village - Ekraunja, P.S.- Banshi, District- Arwal 3.
Vikash Kumar Son of Ramswaroop Singh Resident of Village - Ekraunja, P.S.- Banshi, District- Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lakshmi Kant Sharma, Advocate For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners apprehend their arrest in Banshi P.S. Case No. 37 of 2018, registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.
Prosecution case in brief is that while the informant was putting ridge in his land, the petitioners and
Patna High Court CR. MISC. No.11386 of 2020(2) dt.24-06-2020 2/3 other co-accused persons variously armed came there and assaulted the informant brutally. Co-accused Amerika Singh assaulted the informant on his head by means of Khanti, as a result of which he sustained head injury. Other co-accused assaulted the wife of informant.
It is submitted that petitioners have been falsely implicated in this case. The police after investigation did not find the case true and submitted final form against these petitioners. The specific allegation of assault is against co-accused Amerika Singh. There is case and counter case. A counter case was also instituted by the brother of petitioner no. 1 being Banshi P.S. Case No. 38 of 2018 against the informant and others. Admittedly, there is land dispute between the parties. The petitioners claim clean antecedent.
Considering the facts aforesaid, the petitioners above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Arwal (Jehanabad) in connection with Banshi P.S. Case No. 37 of 2018, subject
Patna High Court CR. MISC. No.11386 of 2020(2) dt.24-06-2020 3/3 to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Vinita/- U T