Raj Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28994 of 2024 Arising Out of PS. Case No.-724 Year-2023 Thana- GARKHA District- Saran ====================================================== 1.

RAJ KISHORE SINGH SON OF LATE CHANDESHWAR SINGH RESIDENT OF VILLAGE - PIROWNADIH, POLICE STATION - GARKHA, DISTRICT - SARAN 2.

SUMENDRA SINGH @ SUBINDRA KUMAR SON OF KAMESHWAR SINGH RESIDENT OF VILLAGE - PIROWNADIH, POLICE STATION - GARKHA, DISTRICT - SARAN 3.

NITISH KUMAR @ RITESH KUMAR SON OF KAMESHWAR SINGH RESIDENT OF VILLAGE - PIROWNADIH, POLICE STATION - GARKHA, DISTRICT - SARAN 4.

RAUSHAN KUMAR SON OF RAJ KISHORE SINGH RESIDENT OF VILLAGE - PIROWNADIH, POLICE STATION - GARKHA, DISTRICT - SARAN 5.

NIRALA KUMARI DAUGHTER OF RAJ KISHORE SINGH RESIDENT OF VILLAGE - PIROWNADIH, POLICE STATION - GARKHA, DISTRICT - SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 325, 307, 379, 504, 506, 34 and 427 of the IPC.

3.

Allegation against the petitioners is that they assaulted the father of the informant with deadly weapons. Petitioner nos.2

Patna High Court CR. MISC. No.28994 of 2024(2) dt.03-07-2024 2/3 and 4 assaulted father of the informant with iron rod on his head, petitioner no.1 assaulted him with iron rod on left hand and petitioner nos.5 and 3 assaulted his father with bricks and sticks.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. It is fairly submitted that there is specific overt act against the petitioner no.1 to assault the father of the informant on left hand, which injury has been found grievous in nature. There is admitted land dispute between the parties and for the alleged occurrence, there is a case and counter-case between the parties. Petitioners have no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, considering that there is general and omnibus allegation against the petitioner nos.2, 3, 4 and 5, let the above named petitioner nos.2, 3, 4 and 5, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the

Patna High Court CR. MISC. No.28994 of 2024(2) dt.03-07-2024 3/3 like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Garkha P.S. Case No.724 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 7.

However, considering that the author of the grievous injury is the petitioner no.1, I am not inclined to enlarge the petitioner no.1 on anticipatory bail. The prayer for grant of bail on his behalf is hereby rejected.

8.

However, petitioner no.1 is at liberty to surrender before the learned Court below within a period of six weeks from today and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law, considering that there is admitted land dispute between the parties.

9.

This application is accordingly partly allowed. (Anjani Kumar Sharan, J) pallavi/- U T