Gayendra Singh @ Gajendra Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53376 of 2016 Arising Out of PS.Case No. -135 Year- 2016 Thana -GOGRI District- KHAGARIA ======================================================

1. Gayendra Singh @ Gajendra Singh, Son of late Bhubneshwar Prasad Singh.

2. Dhirendra Kumar @ Birendra Singh, son of late Bhubneshwar Prasad Singh.

3. Om Prakash Singh, Son of Bhogendra Singh.

4. Dharmendra Singh, Son of late Bhubneshwar Prasad Singh. .... .... Petitioners.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate. For the Opposite Party/s : Mr. Sri Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-12-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Gogri (Paura) P.S. Case No. 135 of 2016 registered under Sections 147, 148, 149, 323, 341, 447 and 506 of the Indian Penal Code and Section 27 of the Arms Act. The accusation is that five persons named in the F.I.R. including the petitioner along with 2 to 4 unknown were ploughing the paddy field of the informant. When the informant made protest, then petitioner no. 1 started to assault

him through his licensee gun. At that time, petitioner no. 3 pull down on the ground and snatched his hold chain and on the order of accused Dhananjay Singh, petitioner no. 1 shot fire at the informant but he save himself anyhow. Learned counsel for the petitioners submits that occurrence took place due to land dispute, in which, petitioners' side also sustained injury, regarding which, on the basis of written report of co-accused, Dhananjay Singh, Gori (Paura) P.S. Case No. 132 of 2016 is also instituted against the informant of the present case. Further submission is that only two injuries were found on the person of the informant, i.e., pain and swelling in hand and forearm, which is grievous in nature caused by hard and blunt substance, in fact, the injury received by the informant due to fell down on the ground.

Considering the aforesaid submissions, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Khagaria, in connection with Gogri (Paura) P.S. Case No.

subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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