Shashi Bhushan Kumar Singh @ Shashi Bhushan Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.68517 of 2018 Arising Out of PS. Case No.-138 Year-2018 Thana- MAHNAR District- Vaishali ======================================================
1. Shashi Bhushan Kumar Singh @ Shashi Bhushan Singh,
2. Rahul Kumar Singh @ Rahul Kumar,
3. Shyam Singh,
4. Sushil Singh @ Sushil Kumar Singh. All sons of Dinkar Singh.
5. Dinkar Singh, S/o Late Sukhdev Singh. All R/o VillageHasanpur, P.S.- Mahnar, District- Vaishali. ... ... Petitioners
Versus
The State of Bihar.
... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Rina Sinha, Advocate.
For the Opposite Party :
Mr. Binod Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-11-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in a case for the offence registered under Sections 147, 148, 149, 341, 323, 324, 307, 504 of the IPC and 27 of the Arms Act The prosecution story, in brief, is that on 23.06.2018 at about 9.00 A.M. petitioners and others were fixing bamboos in disputed land and when the informant protested then all accused persons abused and assaulted him with Sabal resulting he sustained head injury. Then he went his house but all accused persons entered into the house and assaulted his wife, son and other family members and co-accused Sanjay Singh attacked on
Patna High Court Cr.Misc. No.68517 of 2018(2) dt.28-11-2018 2/3 Rahul Kumar for which his wife Asha Devi and son Hemant Kumar received head injuries. Co-accused Pawan Kumar made fire but he did not receive injury. Then with the help of covillagers, all injured persons were taken to P.H.C. Mahnar where they are being treated by the doctor.
It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is case and counter case between the parties. There is admitted land dispute between the parties. Injury on the side of accused has not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur, in connection with Mahnar P.S. Case No.
Patna High Court Cr.Misc. No.68517 of 2018(2) dt.28-11-2018 3/3 138/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T