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Patna High CourtCR. MISC./48996/2015disposed

Sanjay Singh And ANR. v. The State Of Bihar

2015-11-03Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48996 of 2015 Arising Out of PS.Case No. -38 Year- 2015 Thana -KARENDE District- SEKHPURA ======================================================

1. Sanjay Singh Son of late Sukhdeo Singh

2. Mithlesh Singh@Mithlesh Kumar@tutu Singh@Tutu kumar@Mithlesh singh Son of Sanjay Singh Both resident of village Maheshpur (p.s Karande District sheikhpura.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar For the Opposite Party/s : Mr. Nirmal Kumar Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 03-11-2015 Heard counsel for the petitioners and APP for the State. The two petitioners herein are father and son. The informant is the full brother of the petitioner no.1. Owing to land dispute, it is alleged that petitioner no.1 assaulted him by Kudal on his head. Petitioner no.2 is alleged to have assaulted with Khanti on his left eye.

Counsel for the petitioners submits that there is a counter version of this case lodged by petitioner no.1 against the informant of this case in which the accused persons are said to have assaulted causing some injury. In the counter case the petitioners have been granted the privilege of anticipatory bail. Counsel for the informant drawing attention of the Court

Patna High Court Cr.Misc. No.48996 of 2015 (2) dt.03-11-2015 2/2 to the injury report submitted that the allegation attributed to petitioner no.1 has resulted in causing grievous injury on the head/scalp of the informant. The injury caused by petitioner no.2 is, however, simple in nature.

Considering the facts and circumstances of the case, the prayer for anticipatory bail on behalf of petitioner no.1 is rejected.

So far as petitioner no.2 above named is concerned, in the event of arrest/surrender within four weeks from today, he shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri Ranjan Kumar Mishra, J.M. 1st Class, Sheikhpura in Karande P.S. Case No. 38 of 2015 on condition that one of the bailors shall be his own/close family members. In the event of framing of charge, he shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall cancel his bail bonds.

(Kishore Kumar Mandal, J) HR/- U T