Madheshwar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7368 of 2017 Arising Out of PS.Case No. -166 Year- 2016 Thana -KARPI District- JEHANABAD ======================================================

1. Madheshwar Singh,

2. Nagina Singh, both are son of Ramdayali Singh,

3. Praduman Singh, son of Nagina Singh,

4. Ram Vinay Singh, son of Ram Ladu Singh,

5. Krishandeo Singh, son of Late Nanhaku Singh, All are the residence of Village- Selarpur, P.S.- Karpi, Distt- Arwal. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Harendra Kumar Singh For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-02-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Karpi P.S. Case No. 166 of 2016 instituted for the offence under Section (s) 341, 323, 307, 504, 34 of the Indian Penal Code. It has been submitted that the occurrence has taken place on account of drainage of water. There is general and omnibus allegation against the petitioners. The petitioner No. 1 has also filed counter case being Karpi P.S. Case No. 165 of 2016 against the informant and others.

From the written report, it appears that there is

Patna High Court Cr.Misc. No.7368 of 2017 (2) dt.22-02-2017 2/2 allegation that all these petitioners assaulted the informant with lathi and khanti.

Learned Sessions Judge has mentioned in the impugned order that the injuries found on the person of the informant have been found to be simple in nature. From the written report itself, it appears that the occurrence has taken place on account of drainage of water. It has been mentioned in para 3 of the petition that petitioners have got no criminal antecedent. In the facts and circumstances of the case, the prayer of the petitioners for anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, above named, within six weeks from today in connection with Karpi P.S. Case No. 166 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Arwal, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Priya, J) Shageer/- U T