Dhrup Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50254 of 2016 Arising Out of PS.Case No. -229 Year- 2015 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Dhrup Singh Son of Phulena Singh
2. Bara Singh alias Bira Singh Son of Late Chandrika Singh
3. Nathu Singh son of Late Chandrika Singh
4. Anku Singh alias Anku Kumar Singh son of Nathu Singh
5. Rajan Singh alias Rajan Kumar son of Dhrup Singh
6. Prince Singh alias Prince Kumar son of Dhrup Singh
7. Dhiraj Singh S/o Bira Singh
8. Saheb Singh son of Sambhu Singh All are residents of VillageBankatwa, P.S.- Sugauli, District- East Champaran. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Sunil Kumar No.III, Advocate. For the Opposite Party : Mr. Ajay Kumar-1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Sugauli P.S. Case No. 229 of 2015 for the offences instituted under Sections 147, 148, 149, 323, 324, 447, 341, 307 of the IPC and 25(1-b)a of the Arms Act. The prosecution story, in brief, is that while the informant was sitting at his door, accused persons and four unknown persons came. Petitioner no. 1 wrapped a towel in the
Patna High Court Cr.Misc. No.50254 of 2016 (3) dt.21-12-2016 2/3 neck of the informant and started pulling with intention to kill him. Petitioner no. 2 assaulted him with butt of gun causing injury on his head. Co-accused Bilas Singh and petitioner nos. 2, 4 and 7 entered into his house and took out Rs. 50,000/- and ornaments worth Rs. 50,000/-. When his brother Raju Singh came there then he was also assaulted by them. Co-accused Rahul Singh was apprehended and from his possession a country made Katta was recovered.
It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. There is land dispute between the parties. The nature of injury is said to be simple. No offence under Section 307 IPC is made out.
On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, 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 in connection with Sugauli P.S. Case No. 229/2015 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 C.J.M., East Champaran at Motihari, subject to the
Patna High Court Cr.Misc. No.50254 of 2016 (3) dt.21-12-2016 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T