Nawal Kishore Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61877 of 2018 Arising Out of PS. Case No.-319 Year-2018 Thana- AMARPUR District- Banka ======================================================
1. Nawal Kishore Singh,
2. Awadhesh Singh, Both Son of Sakaldeo Singh @ Sukali Singh, All are resident of Village- Nandlal Patti, P.S. Amarpur, DistrictBanka.
3. Vijay Prasad Singh, Son of Dip Narayan Singh, resident of Village- Korma, P.S.- Rajoun, District- Banka.
4. Shiv Prasad Singh, Son of Gurudayal Singh, resident of Village- Mahagam, P.S. Rajoun, District- Banka. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Nandad Prasad For the Opposite Party/s :
Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-12-2018 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 447, 323, 324, 308 and 504/34 of the IPC.
The prosecution case, as per the written report of Uchit Lal
Patna High Court Cr.Misc. No.61877 of 2018(2) dt.10-12-2018 2/3 Singh, submitted to the Station House Officer, Amarpur Police Station, is to the effect that on 19.06.2018 at about 11.30 A.M., all the accused persons including the petitioners came and started making construction on the land of the informant. On protest being made, the petitioners started abusing the informant and assaulted the informant and his wife.
It is submitted by the learned counsel for the petitioners that in the background of land dispute, accusation has been levelled against the petitioners. It is further submitted that there is also a counter version of occurrence being Amarpur P.S. Case No. 849 of 2018 which has been registered against the informant side. It is further submitted that medical opinion on some of the injuries caused to the informant has been kept reserved but apparently, the injuries have been found to be superficial in nature. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.
It is submitted by the learned APP that there is specific accusation against the petitioners.
Considering the genesis of occurrence, a counter case being filed against the informant by the petitioner's side and nature of injuries caused are found to be simple in nature coupled with the statement made in paragraph no.3 of the petition that the
Patna High Court Cr.Misc. No.61877 of 2018(2) dt.10-12-2018 3/3 petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned C.J.M., Banka in connection with Amarpur P.S. Case No. 319 of 2018 subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Deepak/Rahul/- U T