Chandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36135 of 2020 Arising Out of PS. Case No.-115 Year-2020 Thana- MURLIGANJ District- Madhepura ====================================================== 1.

Chandan Kumar Singh son of Radha Raman Singh R/o Village- Below Ward No. 09, P.S.- Marliganj, District- Madhepura. 2.

Anand Kumar Singh Son of Gopikant Singh R/o Village- Below Ward No. 09, P.S.- Marliganj, District- Madhepura.

... ... Petitioners

Versus

THE STATE OF BIHAR THE ADVOCATE GENERAL OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-03-2021 Heard learned counsel for the petitioners and the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

Allegedly, in the backdrop of land dispute, the accused persons came to the house of informant and started abusing. It is further alleged that the petitioner No. 2 assaulted the informant on his head with Dabiya as a result of which, the informant sustained injury. When the informant's cousin came to rescue him, he was also assaulted. Gold chain and Cash is also alleged to have been snatched away by the accused persons.

It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.36135 of 2020(2) dt.26-03-2021 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. There is land dispute between the parties. There is case and counter case between the parties. The injury on the side of the accused has not been explained by the prosecution. The injury sustained by prosecution side is simple in nature.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, 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 bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. Case No. 115 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T