Bipin Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10393 of 2016 Arising Out of PS.Case No. -954 Year- 2015 Thana -TILAUTHU District- SASARAM (ROHTAS) ======================================================

1. Bipin Singh.

2. Ajay Singh @ Ajay Kumar @ Ajay Kumar Singh. Both sons of Lala Singh, both are resident of Village- Bharkhohan, Police Station- Tilauthu, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Choubey, Advocate For the Opposite Party/s : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2016 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 323, 325, 504, 506 of the Indian Penal Code and 3(1) (x) of the S.C./S.T.(Prevention of Atrocities) Act.

The prosecution case is that all the accused persons including the petitioners variously armed came, when co-accused Lala Singh abused the informant and asked him to leave the land given under Bhudan scheme. When the informant asked for documents then co-accused Bimal Singh assaulted with axe to the mother of the informant, causing cut injury. Lala Singh assaulted to the father of the informant, causing fracture on the right

Patna High Court Cr.Misc. No.10393 of 2016 (2) dt.04-03-2016 hand, thereafter co-accused Pramod and Dhanu Singh assaulted the informant. Co-accused Sriram Singh also abused the informant by calling caste name.

It is submitted by the learned counsel for the petitioners that no overt act has been alleged against the petitioners. Accusation has been levelled in the background of land dispute. Two cases were lodged by the petitioners' side against the informant. For the occurrence of 19.08.2015 the First Information Report was lodged on 21.08.2015. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the aforesaid facts, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram at Rohtas in connection with Tilauthu P.S. Case No. 954 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T