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Patna High CourtCR. MISC./42855/2023bail granted

Bipin Kumar Singh @ Golu @ Gholu v. The State Of Bihar

2023-08-11Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42855 of 2023 Arising Out of PS. Case No.-327 Year-2022 Thana- FALKA District- Katihar ====================================================== 1.

BIPIN KUMAR SINGH @ GOLU @ GHOLU S/o- LATE RAM SEVAK SINGH R/o- Kohwara PS- Falka Pothia Dist- Katihar 2.

Laxman Singh son of Late Ram Sevak Singh R/o- Kohwara PS- Falka Pothia Dist- Katihar 3.

Ranjeet Kumar Singh @ ranjeet Singh son of Laxman Singh R/o- Kohwara PS- Falka Pothia Dist- Katihar 4.

Arbind Singh son of Late Ram Sewak Singh R/o- Kohwara PS- Falka Pothia Dist- Katihar 5.

Raja Kumar Singh @ Raja Kumar son of Arbind Singh R/o- Kohwara PSFalka Pothia Dist- Katihar 6.

Aman Kumar Singh @ Aman Singh son of Bhola Singh R/o- Kohwara PSFalka Pothia Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 307, 504, 506 and 324 of the Indian Penal Code.

3. The informant alleges that on account of dispute relating to land, the accused persons assaulted him and Baban assaulted Pankaj who came to save him by sword causing injury

Patna High Court CR. MISC. No.42855 of 2023(2) dt.11-08-2023 2/3 on his left thumb, thereafter, Baban Gagan along with other accused assaulted Pankaj causing injury on left hand, shoulder and knee, thereafter, Gagan assaulted Gopal by bhala causing injury in his stomach.

4. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent.

5. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that the occurrence is alleged to have taken place on account of dispute relating to land, it is further submitted that specific allegation of assault is alleged against the named accused persons and the petitioners though are named in the FIR, but then no specific allegation of committing any overt act is alleged against them.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.42855 of 2023(2) dt.11-08-2023 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Falka (Pothia) P.S. Case No. 327 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T