Guddu Singh @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39783 of 2017 Arising Out of PS.Case No. -147 Year- 2017 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Guddu Singh @ Guddu, S/o Vijay Singh, Resident of Village- Kauriram, P.S. - Mohania, District- Kaimur (Bhabua).

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 15-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mohania P.S. Case No.147 of 2017 registered under Sections 341, 323, 307 and 325/34 of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that the informant Bajrang Singh received information about cutting of Masoor crops by all the F.I.R. named accused, including the petitioner, from his field. Thereafter, the informant alongwith Lalan Singh and Jaigovind Singh reached there and made protest on which all the F.I.R. named accused including the petitioner brutally assaulted the

Patna High Court Cr.Misc. No.39783 of 2017 (2) dt.15-09-2017 2/3 informant through lathi and danda. At that time, they also made firing in air.

Learned counsel appearing on behalf of the petitioner submits that due to land dispute, the occurrence of "Maar-Peet" took place in between the parties in which the petitioner's side also sustained injury regarding which on the basis of the written report of Sabita Devi, the wife of the co-accused Dadan Singh, Mohania P.S. Case No.148 of 2017 under Sections 341, 323, 307, 354(A)(1) and 504/34 of the Indian Penal Code was also instituted against the informant and others. Moreover, while six injuries are said to be found on the person of the informant but all the injuries are simple in nature except one injury regarding which the opinion was kept reserved by the doctor. There is general and omnibus allegation against all the F.I.R. named accused including the petitioner to cause injury to the informant.

Further submission is that the similarly situated some co-accused have already been granted anticipatory bail by a Bench of this Court vide order dated 13.07.2017 passed in Criminal Misc. No.29489 of 2017. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.39783 of 2017 (2) dt.15-09-2017 3/3 with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Mohania P.S. Case No.147 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U