Guneshwar Mukhiya And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59895 of 2017 Arising Out of PS. Case No.-92 Year-2017 Thana- SINGHIYA District- Samastipur ======================================================
1. Guneshwar Mukhiya Son of Late Domi Mukhiya.
2. Umesh Mukhiya, Son of Guneshwar Mukhiya.
3. Ram Bilash Mukhiya, Son of Late Hiro Mukhiya. All Resident of Village- Fulhara Tole Brahampur, P.S.- Singhiya, DistrictSamastipur (Bihar).
4. Gultan Das, Son of Late Parmeshwar Das.
5. Sushil Das @ Sudhir Das, Son of Bachchu Das. Sl.No. 4 & 5 are Resident of Village- Gujra, P.S.- Singhiya, District- Samastipur (Bihar).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinay Kumar Mishra For the Opposite Party/s :
Mr. SRI AJAY KUMAR -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-12-2017 Heard learned counsel for the parties.
The petitioners are apprehending arrest in a case registered for the offences punishable under sections 147,149,341,323,307 and 504 of the IPC.
The prosecution case is that the accused persons were constructing wall on the land of the informant. On protest being made, the accused persons abused the informant and her husband. The petitioner no. 1 is alleged to have assaulted with Farsa on the head of the husband of the informant and other accused persons also assaulted them.
It is submitted by learned counsel for the petitioners that in
Patna High Court Cr.Misc. No.59895 of 2017(2) dt.12-12-2017 2/2 the background of land dispute the accusation has been levelled. The petitioners' side lodged Singhiya P.S. Case No. 91 of 2017 with accusation under sections 147,148,149,341,323,447,307 and 504 of the IPC against the informant side in which the petitioner no. 1 is the informant. It is further submitted that the petitioners side have also received injury whereas the injury of the informant has been found to be simple. Statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.
Considering the accusation in the background of land dispute when the case lodged by the petitioner no. 1 is earlier in point of time and the injury has been found to be simple, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks 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 ACJM - V, Rosera in connection with Singhiya P.S. Case No. 92 of 2017. (Dinesh Kumar Singh, J) anil/- U