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Patna High CourtCR. MISC./24003/2016disposed

Ram Pragash Singh And ANR v. The State Of Bihar

2016-05-30Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24003 of 2016 Arising Out of PS.Case No. -34 Year- 2016 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ======================================================

1. Ram Pragash Singh Son of Late Mitthu Singh

2. Jitendra Singh Son of Sri Ram Pragash Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Lallan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-05-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 307 of the Indian Penal Code and 27 of the Arms Act. Prosecution case is that the informant's nephew Gulshan Kumar went outside to ease when on the order of petitioner no.1 Pragash Singh, petitioner no.2, Jitendra Singh, fired causing injury on the right palm of the informant's nephew.

Patna High Court Cr.Misc. No.24003 of 2016 (2) dt.30-05-2016 2/3 It is submitted by learned counsel for the petitioners that in the background of land dispute the accusation has been levelled. In fact, the nephew of the informant made an attempt to fire when the barrel of the fire arm got burst, as a result, the he received injuries.

Considering the aforesaid facts and there is counter version of the occurrence, let petitioner no.1, Ram Pragash Singh, be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM -VII, Nalanda at Biharsharif in connection with Harnaut (Gokulpur O.P. P.S. Case No.34/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C. So far as petitioner no.2, Jitendra Singh, is concerned, considering the fact that the injury on the informant's nephew has been found grievous and there is specific accusation against him, let the learned Court below consider his prayer for regular bail, if he surrenders within a period of six weeks in connection with Harnaut (Gokulpur O.P.) P.S. Case No.34/2016, pending before the learned ACJM, VII, Nalanda at Biharsharif.

Patna High Court Cr.Misc. No.24003 of 2016 (2) dt.30-05-2016 3/3 With the above observation, this application so far as it relates to petitioner no.2, Jitendra Sing, is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T