Nawal Singh And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55668 of 2017 Arising Out of PS.Case No. -202 Year- 2017 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================
1. Nawal Singh, Son of Late Ram Bachan Singh.
2. Kundal Singh, Son of Bandhu Singh.
Both Resident of Village-Ghumardew, P.S. Chainpur, District Kaimur at 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 ---------- 29-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Chainpur P.S. Case No.202 of 2017/G.R. No.1899 of 2017 registered under Sections 341, 323, 307 and 504/34 of the Indian Penal Code besides Section 27 of the Arms Act.
The accusation is that when the informant Rajendra Yadav alongwith his wife and son was sowing the paddy in his field then 5 persons, named in the F.I.R., including the petitioners came there and started to abuse. When they made protest then the petitioner no.1 pelted stone at the wife of the informant causing injury on her head. At that time, Bilas Singh fired from his gun which caused injury on the
Patna High Court Cr.Misc. No.55668 of 2017 (2) dt.29-11-2017 2/2 back of the informant.
Learned counsel for the petitioners submits that, in fact, due to land dispute, the occurrence of "Maar-Peet" took place in between the parties in which Ram Bilas Kharbar alias Bilas Singh Kharbar also sustained injury regarding which on the basis of his written report, Chainpur P.S. Case No.203 of 2017 was also instituted against the informant and others. Moreover, while the allegation against the petitioner no.1 is of pelting stone at the wife of informant causing injury on her head but the injury as found on her person is simple in nature. No specific overt act is attributed to the petitioner no.2. The petitioners have no criminal antecedents.
Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Kaimur at Bhabua, in connection with Chainpur P.S. Case No.202 of 2017/G.R. No.1899 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T