Patna High CourtCR. MISC./34495/2015bail granted

Laldeo Singh And ORS v. The State Of Bihar

2015-10-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34495 of 2015 Arising Out of PS.Case No. -31 Year- 2014 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Laldeo Singh Son of Late Satyanarayan Singh

2. Basudeo Singh Son of Late Satyanarayan Singh

3. Rajdeo Singh Son of Late Satyanarayan Singh

4. Chutun Singh, son of Rajdeo Singh

5. Golu Singh Son of Rajdev Singh

6. Sandeep Singh son of Vasudeo Singh, All Resident of villageSikandarpur, P.S.- Sangrampur, District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghwanand For the Opposite Party/s : Mr. Abhay Kr.Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-10-2015 Heard both sides.

The petitioners apprehend arrest in a case registered for the offences punishable under sections 307 and other allied sections of the Indian Penal Code.

The informant alleged that the accused persons were putting Khapra (tiles) on his land. The informant protested on which Laldeo Singh, petitioner no. 1, is alleged to have taken Garassa from Sandeep Singh and assaulted the informant which hit on his hand and head. Other accused persons are alleged to have assaulted the informant with lathi.

Patna High Court Cr.Misc. No.34495 of 2015 (3) dt.29-10-2015 It is submitted that the occurrence took place on 18.03.2014 but the F.I.R. was lodged on 25.03.2014. There is a counter version being Sangrampur P.S. Case No. 29 of 2014 which was registered on the same day i.e. on 18.03.2014. The injuries found on the person of the informant are simple in nature. The Supervising authority did not find the case true under section 307 of the Indian Penal Code.

Considering the fact that on account of land dispute the occurrence took place and the instant case was lodged after one week of the occurrence, the petitioners above named, in the event of arrest or surrender within four weeks from the date of receipt/communication of this order, shall 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 Chief Judicial Magistrate, East Champaran at Motihari in connection with Sangrampur P.S. Case No. 31 of 2014 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.

(Prabhat Kumar Jha, J) Amin/- U