Birendra Kumar @ Birendra Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11730 of 2017 Arising Out of PS.Case No. -133 Year- 2016 Thana -PALIGANJ District- PATNA ======================================================

1. Birendra Kumar @ Birendra Singh Son of Late Ram Bachan Singh,

2. Ramesh Singh Son of Late Kashi Singh,

3. Gautam Kumar Son of Ramesh Singh, All Resident of Village- Sarsi Dhibra, P.S.- Paliganj. District- Patna.

.... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Sinha For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-03-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Paliganj P.S. case no. 133 of 2016 instituted for the offence under Sections 341, 323, 324, 307, 379/34 of Indian Penal Code. As per written report, these petitioners have assaulted Sunil Kumar and Lalti Devi with spade on account of dispute for flow of water.

It is submitted on behalf of petitioners that injury reports of Sunil Kumar and Lalti Devi have been prepared at 7.35 am and 7.30 am respectively whereas as per written report, occurrence is said to have taken place at 8 am. It is further

Patna High Court Cr.Misc. No.11730 of 2017 (2) dt.22-03-2017 2/2 submitted that the doctor has opined that all the injuries are simple in nature. It is further submitted that petitioners have clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Paliganj P.S. case no. 133 of 2016, they will be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Danapur subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Sanjay Priya, J.) rinkee/- U T