Bir Bahadur Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22928 of 2024 Arising Out of PS. Case No.-527 Year-2023 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.

Bir Bahadur Singh son of Late Gulab Singh Vill- Karan Tola, PS- Jagdishpur Dist- Bhojpur 2.

Upendra Kumar @ Upendra Singh son of Sheo Kumar Singh Vill- Karan Tola, PS- Jagdishpur Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Priya, Advocate Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners apprehend their arrest in connection with Jagdishpur P.S. Case No.527 of 2023 instituted under Sections 147, 149, 341, 323, 307, 325, 324, 448, 354 and 506 of the Indian Penal Code.

3. As per prosecution case, the allegation against petitioner no.1 is that he fired at the informant's son and entered the house of informant and threatened the informant's daughterin-law. The allegation against petitioner no.2 is that he had assaulted Lalbabu Singh with farsa causing injury on his nose.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No.22928 of 2024(2) dt.15-04-2024 2/2 case due to land dispute between the parties. Petitioners and informant are agnates and a Title Suit is going on between them. There is no injury of gunshot to anyone and the injury found on the body of Lalbabu Singh is simple in nature caused by blunt object. There is case and counter case between the parties. Petitioners have no criminal antecedent. Both petitioners undertake to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners named above be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bhojpur at Ara in connection with Jagdishpur P.S. Case No.527 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Harish/- U T