Vijay Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62223 of 2018 Arising Out of PS. Case No.-315 Year-2017 Thana- BAKHTIYARPUR District- Patna ======================================================

1. Vijay Singh Son of Shatrudhan Singh

2. Indradeo Singh Son of Shatrudhan Singh Resident of Karnauti, P.S. Bakhtiyarpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2018 Heard learned counsels for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 452,341,323,325,504,506 and 379/34 of the IPC. The prosecution case is that on 2.8.2017 at 7 A.M., while the informant was sitting in his house, in the meantime, coaccused Kanhaiya Kumar came, assaulted the informant started abusing him and assaulted him with lathi. When the wife of the informant came to rescue, she was also assaulted and her Mangal Sutra was snatched. Thereafter, other accused persons assaulted the informant, his wife and children. It is further alleged that all the accused persons took away cash amount of Rs.20,000/- and jewellery kept in the house of the informant. It is submitted by learned counsel for the petitioners that the accusation has been levelled in the background of serious

Patna High Court Cr.Misc. No.62223 of 2018(2) dt.11-12-2018 2/2 land dispute. There is no injury report on record which gets reflected from the impugned order, which suggests that the injury report is not available in the case diary. It is further submitted that the case lodged by the petitioners side being Bakhtiyarpur P.S. Case No. 314 of 2017 against the informant is earlier in point of time. Though the petitioners are accused in one other case each but they have been granted bail in those cases.

Considering the nature of accusation and the genesis of the occurrence and that the impugned order suggests that no injury report is on record, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Barh in connection with Bakhtiyarpur P.S. Case No.315 of 2017 subject to the conditions laid down in Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U