Umesh Singh And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20100 of 2016 Arising Out of PS.Case No. -793 Year- 2015 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Umesh Singh Son of Narayan Singh

2. Kishore Singh Son of Late Surya Narayan Singh Both resident of village - Khargi Tirasi, P.S. Gangour, District - Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nakul Kumar Jamuar For the Opposite Party/s : Mr. Ram Chandra Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-05-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 427, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that on 13.12.2015 at 9:00 A.M the informant along with her brother-in-law(Dewar) and sister-in-law(Gotani) were going to watch her field when the informant saw that accused persons ploughing the field of the informant. On protest being made by the brother-in-law of the informant co-accused Bilaiti Singh, Ram Pukar Singh, Vijay Singh and Kishore Singh resorted to fire though no injury was caused.

It is submitted by learned counsel for the petitioners that in the background of serious land dispute the accusation has been levelled. The petitioners are agnates of the

Patna High Court Cr.Misc. No.20100 of 2016 (2) dt.06-05-2016 2/2 informant and Khagaria(Gangour) P.S. Case No. 802 of 2015 was lodged by the wife of the co-accused against the husband of the informant at earlier point of time. None received any injury. Moreover some of the relatives of the informant have been examined as eye witness though on the date of their examination under Section 161 Cr.P.C they were in custody. A statement has been made in para 3 of the petition that petitioners are accused in one other case though lodged at the behest of the informant's side wherein they are on bail.

Considering the delayed lodging of the case and the fact that no injury was caused to anyone, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria(Gangour) P.S. Case No. 793 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T