Kuwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19580 of 2022 Arising Out of PS. Case No.-136 Year-2021 Thana- AGIAON District- Bhojpur ====================================================== 1.

KUWAR SINGH SON OF LATE KESH KUMAR SINGH R/O VILLAGERATNADH, P.S.- AGIAON (G), DISTRICT- BHOJPUR, ARA 2.

GUPTESHWAR SINGH SON OF LATE KESH KUMAR SINGH R/O VILLAGE- RATNADH, P.S.- AGIAON (G), DISTRICT- BHOJPUR, ARA 3.

MUNNA KUMAR SON OF GUPTESHWAR SINGH R/O VILLAGERATNADH, P.S.- AGIAON (G), DISTRICT- BHOJPUR, ARA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghwendra Pratap Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2022 At the outset, learned counsel for the petitioners submits that petitioner no. 2 has been arrested and as such, he seeks permission to withdraw this petition, so far as petitioner no. 2 is concerned.

Accordingly, in respect of petitioner no. 2, this petition is dismissed as withdrawn.

Heard learned counsel for the parties.

The petitioners (petitioners no. 1 & 3) apprehend their arrest in a case registered for the offence under Section 307 & other allied sections of the Indian Penal Code. It is submitted that specific allegation of assault is

Patna High Court CR. MISC. No.19580 of 2022(2) dt.31-08-2022 2/2 against co-accused Gupteshwar Singh. So far as petitioners no. 1 & 3 are concerned, there is general and omnibus allegation of commission of assault. It is further submitted that F.I.R. has been lodged after lapse of two days without any plausible explanation. In fact, both parties are own brothers and due to family dispute, a simple Maarpit took place. Petitioners have got clean antecedent.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts & circumstances as well as clean antecedent of petitioners, let the above named petitioner no. 1 & 3, in the event of their arrest/surrender within a period of six weeks from today, be enlarged 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. - I, Bhojpur, Ara in connection with Agiaon (G) P.S. Case No. 136 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T