Alok Singh And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.26837 of 2017 (2) dt.13-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26837 of 2017 Arising Out of PS.Case No. -147 Year- 2017 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Alok Singh, Son of Mahendra Singh,

2. Om Prakash Singh, Son of Late Madan Singh,

3. Bittu Singh, Son of Dadan Singh, All resident of Village- Semaria P.S. Mohania, District- Kaimur. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners and learned APP representing the State.

The petitioners apprehend their arrest in connection with Mohania P.S. Case No. 147 of 2017 registered for the offences punishable under Sections 341, 323, 307, 325/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, the petitioners and other co-accused were cutting Masoor Crops and when the informant and others opposed then they started assaulting the informant and others with lathidanda and thereafter, they went away after opening fire. Submission is of false implication and that the land dispute is going on between the parties, the order has been passed in favour of Dadan Singh the father of petitioner no. 3 but in spite

Patna High Court Cr.Misc. No.26837 of 2017 (2) dt.13-07-2017 of that the informant and his family members are making obstruction in peaceful possession of the petitioners, no such occurrence has taken place, all the injuries are simple in nature except leg injury for which opinion has been kept reserved. Learned APP opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, the petitioners above named, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Mohania P.S. Case No. 147 of 2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T