Sukhdev Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.620 of 2018 Arising Out of PS.Case No. -365 Year- 2017 Thana -BRAHMPUR District- BUXAR ======================================================

1. Sukhdev Singh, son of Late Rammanuj Singh,

2. Ramesh Singh, Son of Vishwanath Singh, both resident of VillagePandeypur, P.S.- Brahampur, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.5201 of 2018 Arising Out of PS.Case No. -365 Year- 2017 Thana -BRAHMPUR District- BUXAR ======================================================

1. Satyadev Singh, S/o Late Ramanuj Singh, R/o Village- Pandeypur, P.S.- Brahmpur, District- Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.620 of 2018) For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh For the Opposite Party/s : Mr. Sri Prem Kumar Jha For the Informant : Dr. Kamal Deo Sharma (In Cr.Misc. No.5201 of 2018) For the Petitioner/s : Mr. Arvind Kumar Pradhan For the Opposite Party/s : Mr. Sri Surendra Kumar For the Informant : Dr. Kamal Deo Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-02-2018 Both the bail applications (Cr. Misc. No. 620 of 2018 and Cr. Misc. No. 5201 of 2018) arise out of the same FIR and therefore are being disposed of by this common order.

Heard learned Counsel for the petitioners and the State as also the learned Counsel appearing on behalf of the informant. Petitioners, already in custody, seek bail in Brahampur PS

Patna High Court Cr.Misc. No.620 of 2018 (3) dt.13-02-2018 Case No. 365 of 2017 registered under Sections 147, 148, 149, 447, 341, 323, 302 and 504 of the IPC.

The allegation in brief is that due to enmity the accused persons turned up, Dharamveer and Ratan Pandey pin down the informant's father on the ground thereafter both assaulted him on his head and chest with bricks and it is alleged that rest other accused assaulted with brick and lathi, when the informant and others tried to rescue him they were also assaulted.

Learned Counsel for the petitioners submits that there is land dispute between both sides, there is case and counter case; the specific allegation of assault on the head and chest of the informant's father is against Dharamveer and Ratan Pandey and corresponding antimortem injuries were also found, however there is general and omnibus allegation against the petitioners, the police has submitted charge-sheet and these petitioners have no criminal antecedent. Having considered the said facts and circumstances, the petitioners, namely, Sukhdev Singh, Ramesh Singh and Satyadev Singh are is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) by each one of them with two sureties of the like amount each to the satisfaction of CJM Buxar in connection with Brahmpur PS Case No. 365 of 2017. (Arun Kumar, J.) Snkumar/- U T