Brajesh Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.34111 of 2017 (2) dt.25-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34111 of 2017 Arising Out of PS.Case No. -172 Year- 2015 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Brajesh Singh, son of Uday Singh, resident of Village- Madhopur Hari, P.S.- Rajepur, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Smt. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 25-07-2017 Heard the learned counsel for the petitioner and APP for the State.

The petitioner seeks bail in connection with Rajepur P.S. Case no. 172 of 2015 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307 and 506 of the Indian Penal Code.

It has been alleged that this petitioner and five other co-accuseds assaulted the informant by means of Lathi, Danda and Dabiya. This petitioner allegedly gave Dabiya blow on the head of the informant.

It has been submitted that both parties are agnates and the occurrence took place owing to partition of landed property. The dispute has been amicably settled and a

Patna High Court Cr.Misc. No.34111 of 2017 (2) dt.25-07-2017 compromise petition has been filed in the court of S.D.J.M., Motihari, East Champaran. The injury sustained by the informant was found simple in nature caused by hard and blunt substance. The petitioner is in custody since 4.4.2017 and so he deserves to be enlarged on bail.

The learned APP, on the other hand, opposed the submissions.

Considering the simple nature of injury and the fact that the occurrence took place between the agnates owing to land dispute, the prayer of bail is allowed. The petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sadar, East Champaran at Motihari in connection with Rajepur P.S. Case no. 172 of 2015. (Sanjay Kumar, J) rohit/- U T