Satyendra Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9587 of 2018 Arising Out of PS. Case No.-124 Year-2015 Thana- KALYANPUR District- East Champaran ======================================================

1. Satyendra Singh, S/o Late Mosadi Singh,

2. Sandip Singh S/o Satyendra Singh,

3. Nawal Singh S/o Late Mosadi Singh,

4. Prabhakar Singh S/o Nawal Singh, All R/o Village- Mani Bahuara, P.S.- Kalyanpur, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-02-2018 Heard learned Counsels for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 447, 341, 342, 323, 324, 504, 379 and 506/34 of the Indian Penal Code. The prosecution case got initiated on the basis of written report submitted by Hari Kishore Singh to the Station House Officer, Kalyanpur Police Station, to the effect that on 29.04.2015, the informant along with his wife, daughter, sister and sister's husband came to his house at his village, which was protested by petitioner nos. 1 and 2, Satyendra Singh and Sandip Singh claiming the house to be in their share and directed the

Patna High Court Cr.Misc. No.9587 of 2018(2) dt.20-02-2018 2/3 informant that until he makes payment of the amount fixed by the Panchayat, they will not be allowed to reside in the house. Thereafter, the petitioner no.1, Satyendra Singh fired, while other accused persons armed with lathi started assaulting the informant and petitioner no.2 Sandeep Singh snatched Rs.11000/- from the pocket of the informant.

It is submitted by learned counsel for the petitioners that the accusation has been levelled in the background of land dispute. Though, the informant has received simple injury caused by hard and blunt substance, but no fire arm injury has been caused to the informant. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

It is submitted by Mr. J. N. Thakur, learned APP for the State that there is accusation of assault against the petitioners also.

Considering the accusation of assault levelled in the background of land dispute and the injury has been found to be simple in nature, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the

Patna High Court Cr.Misc. No.9587 of 2018(2) dt.20-02-2018 3/3 learned Court below within a period of 12 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 learned CJM, Motihari, East Champaran in connection with Kalyanpur P.S. Case No.124 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T