Patna High CourtCR. MISC./36175/2017allowed

Vikas Kumar Singh And ANR v. The State Of Bihar

2017-08-11Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36175 of 2017 Arising Out of PS.Case No. -822 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Vikas Kumar Singh Son of Chandrama Singh

2. Bose Singh @ Prakash Kumar Bose Son of Chandrama Singh Both Residents of Village- Hurka, P.S.- Tilouthu, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Wasi Ahmad Khan For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-08-2017 Heard learned counsel for the petitioners and the State.

Petitioners are accused in Sasaram(T) Tilouthu P.S. Case No. 822 of 2017 for an offence under sections 147, 148, 149, 341, 323, 504, 379, 325 and 307 of the Indian Penal Code. There is case and counter case on account of land dispute.

Senior counsel appearing on behalf of the petitioners submits that petitioners have a right of private defence and the place of occurrence is a field where the petitioners' side was plowing the land.

Having regard to the facts that there is land dispute

Patna High Court Cr.Misc. No.36175 of 2017 (2) dt.11-08-2017 2/2 and case and counter case in which both sides sustained injury and also considering the submission that they have a right of private defence, let the petitioners, named above, be released 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 learned Chief Judicial Magistrate, Sasaram, Rohtas in connection with Sasaram (T) Tilouthu P.S. Case No. 822 of 2017 and further that the petitioners will extend full cooperation in conclusion of the trial and will not in any manner tamper with the evidence or influence the witnesses.

(Anil Kumar Upadhyay, J) Ravi/- U T