Krishna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28519 of 2024 Arising Out of PS. Case No.-737 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== 1.

Krishna Singh S/O Shiv Sharan Singh R/O Village- Sripur, P.S- Belaganj, Distt.- Gaya.

2.

Vidyanand Kumar S/O Krishna Singh R/O Village- Sripur, P.S- Belaganj, Distt.- Gaya.

3.

Sandeep Kr. @ Sudeep Kumar S/O Krishna Singh R/O Village- Sripur, P.SBelaganj, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Advocate Mr. N.K. Prasad, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Belaganj P.S. Case No. 737 of 2023 instituted under Sections 354, 341, 323, 325, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioners is that they started construction over the land of the informant and when the informant opposed the same, the petitioners assaulted the informant and her husband with lathi, stick, chapra, spade and iron rod.

Patna High Court CR. MISC. No.28519 of 2024(2) dt.21-05-2024 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He further submits that due to previous enmity, the altercation took place between the parties and there is also case and counter case between them. He also submits that the petitioner no. 1 has one criminal antecedent which belongs to the Excise Act in which he is on bail and there is no criminal antecedent against the petitioner nos 2 and 3. He further submits that informant-side were in aggression, who brutally assaulted the petitioner no. 1 and his wife and they were admitted to the hospital. He also submits that petitioners undertake to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Gaya/ Concerned Court Below in connection with Belaganj P.S. Case No. 737 of 2023, subject to

Patna High Court CR. MISC. No.28519 of 2024(2) dt.21-05-2024 3/3 the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashishkr/- U T