Raj Kishore Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31761 of 2023 Arising Out of PS. Case No.-730 Year-2022 Thana- GARKHA District- Saran ====================================================== Raj Kishore Singh S/O- Hari Singh Village- Hakma PS- Garkha Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anant Kumar Bhaskar, Advocate For the Opposite Party/s :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-07-2023 Heard Mr. Anant Kumar Bhaskar, learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Garkha P.S. Case No. 730 of 2022 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 352, 379, 506, 504 of the Indian Penal Code.
3. It is alleged that the informant has been coming in possession of the land, in question, however, all the accused persons forcibly started ploughing his land and when the same was opposed by the informant, on the dictate of one Jitendra Singh, this petitioner assaulted the informant due to which he sustained head injury.
4. Submission has been made on behalf of the petitioner that admittedly there is land dispute between the
Patna High Court CR. MISC. No.31761 of 2023(2) dt.24-07-2023 2/3 parties and on account of the same a free fight has taken place. He further submits that in fact the informant and his persons are the aggressors and in this regard a counter case has also been instituted, being Garkha P.S. Case No. 735 of 2022. He further drawn the attention of this Court to the injury reports, as contained in Annexures- 3 and 3/1, which show that the injuries sustained on the scalp of the informant, attributed to the petitioner, are found to be simple in nature.
5. On the other hand, learned APP for the State opposes the bail application and submits that serious injuries have been inflicted over the vital part of the informant and the same is attributed to the petitioner.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of dispute and also the injuries, which are simple in nature, coupled with the fair antecedent, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Garkha P.S. Case No. 730 of 2022,
Patna High Court CR. MISC. No.31761 of 2023(2) dt.24-07-2023 3/3 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Harish Kumar, J) uday/- U T