Harendra Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32004 of 2015 Arising Out of PS.Case No. -74 Year- 2015 Thana -BHANGWANPUR HAT District- SIWAN ======================================================

1. Harendra Singh

2. Surendra Singh Both sons of Late Sipahi singh of Morachhi P.s Bhagawanpur District Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. P.N.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-08-2015 At the outset, it is submitted by learned counsel for the petitioners that petitioner no.2 Surendra Singh has been arrested. Hence, this application so far as it relates to petitioner no.2, has become infructuous.

Heard learned counsels for the petitioners and the State.

The petitioner no. 1 is apprehending arrest in a case registered for the offences punishable under Sections 307,147,148,149,379,341,323 and 324 of the Indian Penal Code.

It is alleged that though the petitioners assaulted with farsa to the informant in the background of land

Patna High Court Cr.Misc. No.32004 of 2015 (2) dt.06-08-2015 2/3 dispute, thereafter the FIR named accused persons assaulted with lathi on the head of the informant when brother of the informant came to rescue, he was also assaulted with farsa and fifteen thousand rupees were snatched.

It is submitted by the learned counsel for the petitioners that the FIR does not reflect that any injury was actually caused by the assault made by the petitioners. It is further submitted that the accusation of assault is against ten persons whereas informant has received four injuries and out of them one injury is incised injury and rest injuries have been found to be lacerated in nature. The petitioners are agnates of informant side. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the fact that accusation is not being corroborated by the medical opinion, let the above named petitioner no. 1 be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court Cr.Misc. No.32004 of 2015 (2) dt.06-08-2015 3/3 CJM, Siwan in connection with Bhagwanpur Hat P.S. Case No.74 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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