Vishnu Shankar Singhand ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.47659 of 2014 (2) dt.07-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47659 of 2014 Arising Out of PS.Case No. -236 Year- 2014 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. VISHNU SHANKAR SINGH, SON OF RAMA DHAR SINGH

2. RANJAN KUMAR SINGH @ MALLU SINGH

3. RAJEEV KUMAR SINGH @ KALLU SINGH, BOTH SONS OF VISHNU SHANKAR SINGH, ALL ARE RESIDENTS OF VILLAGE - EKAUNA, P.S. - UDWANT NAGAR, DISTRICT - BHOJPUR. .... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Pranav Kumar For the Opposite Party/s : Mr. Dr.Kumar Uday Pratap (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-05-2015 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Udwant Nagar P.S. Case No. 236 of 2014 registered under Sections 341, 323, 324, 307, 504 and 506 of the Indian Penal Code and later on Section 302 of the Indian Penal Code has been added. The accusation is that petitioners along with one Sharda Singh armed with lathi and garasha came at the door of informant and assaulted him. When his brother came to save him, petitioner no.1, Vishnu Shankar Sinha, assaulted with Garasha at the head of brother of the informant, who become unconscious,

Patna High Court Cr.Misc. No.47659 of 2014 (2) dt.07-05-2015 who died in course of treatment.

Learned counsel for the petitioners submits that it would appear from the F.I.R. that the occurrence is said to be of 18.06.2014 but the F.I.R. has been lodged on 24.06.2014 on the basis of the statement of informant recorded by the police at Kankarbagh Police Station. It is further submitted that the occurrence took place due to land dispute regarding which Title Suit No. 222 of 2005 is pending in the court of Sub-Judge-I, Ara. Having considered the facts and circumstances of the case and the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the petitioners Accordingly, the prayer of the petitioners for grant of anticipatory bail stands rejected. The petitioners are directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T