Kanhaiya Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30269 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- PIPRA District- East Champaran ====================================================== 1.
Kanhaiya Singh Son Of Late Surendra Singh Resident of VillageMadhudih, P.S.- Pipra, District- East Champaran 2.
Papu Singh @ Gautam Rana Son Of Chandrabhushan Singh Resident of Village- Madhudih, P.S.- Pipra,District- East Champaran 3.
Ravi Bhushan Singh Son Of Indra Bhushan Singh Resident of VillageMadhudih, P.S.- Pipra,District- East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priyesh Kumar For the Informant :
Ms.Rashmi Jha Mr.Abhishek Kumar For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-07-2023 Heard learned counsel for the petitioners and learned counsel for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 342, 324, 307, 379, 504, 506, 34 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, petitioner no. 1 assaulted the informant by butt of pistol causing injury beneath the eye and nose. Petitioner no. 2 assaulted Dhiraj Sah by butt of pistol causing injury on his head. Petitioner no. 3 assaulted Dhiraj Sah with knife causing injury on his head.
Patna High Court CR. MISC. No.30269 of 2023(3) dt.17-07-2023 2/3
4. It is submitted that petitioners have been falsely implicated in this case due to land dispute. Both parties are pattidars. There is case and counter case. Though, there is allegation against petitioner no. 3 that he assaulted Dhiraj Sah with knife, but there is no injury of sharp cut weapon on the person of injured.
5. Counsel for informant vehemently opposed the prayer for bail and submitted that petitioners caused grievous injuries to the informant and Dhiraj Sah and petitioners have got criminal antecedents.
6. Considering the fact that petitioner nos. 1 and 2 caused grievous injuries to the informant and Dhiraj Sah, I am not inclined to enlarge petitioner nos. 1 and 2 above-named on anticipatory bail. Accordingly, the same is rejected.
7. So far as the case of Ravi Bhushan Singh petitioner no. 3 is concerned, there is allegation against him that he assaulted Dhiraj Sah with knife, but no sharp cut injury was found on the person of Dhiraj Sahin, petitioner no. 3 in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.30269 of 2023(3) dt.17-07-2023 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Pipra P.S. Case No. 40 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T