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Patna High CourtCR. MISC./48203/2021allowed

Raj Kumar Singh v. The State Of Bihar

2022-04-28Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48203 of 2021 Arising Out of PS. Case No.-8 Year-2021 Thana- MAHARAJGANJ District- Siwan ====================================================== RAJ KUMAR SINGH Son of Late Madho Singh Resident of Village - Kasdeura Bangra, P.S.- Mahrajganj, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Pushkar Narain Sahi, Sr. Advocate Mr. Arbind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-04-2022 Heard Mr. Pushkar Narain Sahi, learned senior counsel assisted by Mr. Arbind Kumar Singh for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 379, 504 and 34 of the Indian Penal Code. While the informant had gone to visit his orchard he saw that petitioner along with other named co-accused were

Patna High Court CR. MISC. No.48203 of 2021(3) dt.28-04-2022 2/3 destroying his mango plants and when he forbade them they are said to have started abusing the informant. When the informant opposed the same then the petitioner ordered to kill the informant and blow iron angle upon the head of the informant due to which informant received injury on his head. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to land dispute. As a matter of fact, both the parties are agnates and there is civil dispute going on between them and due to altercation there was fight between them. There is case and counter case between the parties. Informant has already been enlarged on bail by a co-ordinate Bench of this in Maharajganj P.S. Case No.09/2021 lodged by the petitioner's side. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is a 70 years old person has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two

Patna High Court CR. MISC. No.48203 of 2021(3) dt.28-04-2022 3/3 sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Maharajganj P.S. Case No. 08 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T