Shiv Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24737 of 2022 Arising Out of PS. Case No.-213 Year-2021 Thana- MANIHARI District- Katihar ====================================================== 1.

Shiv Kumar Singh Son Of Pradeep Singh R/O- Manihari Ward No.10, P.S.- Manihari, District- Katihar 2.

Sujeet Kumar Son Of Pradeep Singh R/O- Manihari Ward No.10, P.S.- Manihari, District- Katihar 3.

Ahilya Devi Wife Of Pradeep Singh R/O- Manihari Ward No.10, P.S.- Manihari, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Ms.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-09-2022 Heard both parties.

The petitioners apprehend their arrest in Manihari P.S. Case No. 213 of 2021, registered for the offences punishable under Sections 341, 323, 324, 308, 504, 506 and 34 of the Indian Penal Code.

As per the FIR, all the accused persons armed with weapons arrived at the land of informant and started construction over the same. It is further alleged that co-accused Raj Kumar Singh assaulted the informant on his head by iron rod and petitioner no. 2 assaulted the brother of informant by hammer.

It is submitted that due to land dispute the alleged

Patna High Court CR. MISC. No.24737 of 2022(2) dt.12-09-2022 2/2 occurrence took place. There is case and counter case. Both sides sustained injuries. Allegation of assault is general and omnibus. The informant sustained two injuries out of which one injury which is sustained on his hand found to be grievous in nature and the same is attributed to co-accused Raj Kumar Singh. Injuries attributed to petitioner no. 2 is grievous in nature but not dangerous to life. It is further submitted that petitioner no. 3 also sustained grievous injury in the alleged occurrence. Petitioners claim clean antecedent.

Considering the backdrop in which the alleged occurrence took place, both sides sustained injuries and clean antecedents, the petitioners above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Manihari P.S. Case No. 213 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T