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Patna High CourtCR. MISC./53607/2017allowed

Pankaj Kumar Singh @ Pankaj Singh And ORS v. The State Of Bihar

2017-11-09Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53607 of 2017 Arising Out of PS.Case No. -38 Year- 2017 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Pankaj Kumar Singh @ Pankaj Singh,

2. Navnit Singh @ Navnit Kumar,

3. Sanjeet Singh @ Sanjeet Kumar.

All Sons of Nagina Singh and Resident of Village-Jalha, Police StationSangrampur, District-East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Karandeep Kumar, Advocate For the Opposite Party/s : Mr. Sri Ajay Kumar -2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 09-11-2017 Heard learned counsel for the petitioners and the State.

Three petitioners are apprehending their arrest in connection with Sangrampur P.S. Case No.38 of 2017 for the offences under Sections 323, 341, 324, 307, 379, 504 & 34 of the Indian Penal Code.

Counsel for the petitioners submits that the petitioners and the informant are full brothers and there is land dispute and altercation took place in connection with partition of the land. There is a case and counter case. The case lodged by the petitioners' side is earlier in time as it is numbered as Sangrampur

Patna High Court Cr.Misc. No.53607 of 2017 (2) dt.09-11-2017 P.S. Case No.37 of 2017. Counsel for the petitioners referring to the injury report contained in Annexure-2 series indicates that the injury sustained by the informant's side is simple in nature. Considering the nature of injury and the fact that the petitioners and the informant are full brothers and there is a case and counter case on account of land dispute, the petitioners deserve anticipatory bail in the instant case. Let the petitioners named above be released on bail in the event of arrest or surrender before the court below within a period of four 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 learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Sangrampur P.S. Case No.38 of 2017 subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Harish/- U T