Arun Kumar Singh @ Arun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43887 of 2023 Arising Out of PS. Case No.-448 Year-2022 Thana- KARAHGAR District- Rohtas ====================================================== 1.

ARUN KUMAR SINGH @ ARUN SINGH Son of Baleshwar Singh Resident of village - Kumhila Ararua, P.S. - Karghar, Distt. - Rohtas 2.

Anup Singh Son of Bhim Singh Resident of village - Kumhila Ararua, P.S. - Karghar, Distt. - Rohtas 3.

Dilip Singh @ Dilip Kumar Singh Son of Arun Singh Resident of village - Kumhila Ararua, P.S. - Karghar, Distt. - Rohtas 4.

Bheem Rai @ Bhim Singh Son of Bishwanath Singh Resident of village - Kumhila Ararua, P.S. - Karghar, Distt. - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2023

1. At the outset, learned counsel for the petitioner No . 2 seeks permission to withdraw the pre-arrest bail petition.

2. This bail petition of the petitioner No . 2 is dismissed as withdrawn.

3. Heard learned counsel for the petitioner Nos. 1, 3 and 4 and the State.

4. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 341, 323,

Patna High Court CR. MISC. No.43887 of 2023(2) dt.08-08-2023 2/3 307, 354, 379, 448, 504, 506 and 34 of the Indian Penal Code and Section 27 of Arms Act.

5. As per the prosecution case, while the husband of the informant had gone to the field for cultivation, all the F.I.R named accused persons including these petitioners indiscriminately assaulted him.

6. It is submitted on behalf of the petitioners that due to land dispute a simple of occurrence of maarpeet took place between the parties . Case and counter case . Allegation of assault is general and omnibus against theses petitioners. Petitioners claim clean antecedent.

7. Learned counsel for the State oppose the bail petition and submits that the specific accusation of assault is against petitioner No. 3 (Dilip Singh) and is alleged to have caused multiple injuries.

8. Considering the nature of injury and gravity of allegation, prayer for pre-arrest bail of the petitioner No. 3 is rejected.

9. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner Nos 1 and 4, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten

Patna High Court CR. MISC. No.43887 of 2023(2) dt.08-08-2023 3/3 thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate , Rohtas at Sasaram in connection with Karghar P.S. Case No 448 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T