Mahendra Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41150 of 2015 Arising Out of PS.Case No. -51 Year- 2014 Thana -KATRAHA District- VAISHALI(HAJIPUR) ======================================================

1. Mahendra Singh age-67 years S/o Late Shivsharan Singh

2. Mukesh Kumar age 35 Years S/o Mahendra Singh

3. Rakesh Singh @ Rakesh Kumar age 28 years S/o Mahendra Singh

4. Rajkumar Singh age 23 years S/o Mahendra Singh

5. Munna Kumar age 15 years S/o Mukesh Kumar All are resident of village- Kartaha Bujurg, Police Station- Kartaha, Post Office- Kartaha, Disrict- Vaishali, Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Raj Kishor Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-10-2015 Petitioners are apprehending their rrest in a case registered for the offences punishable under Sections 147, 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code. The prosecution case is that the F.I.R named accused persons including the petitioners entered into the house of the informant, caused injury on the head of Lagan Bhagat by axe and Girash Devi by iron rod whereas Jailash Devi received injuries on her head and hand by sword. It is submitted by learned counsel for the petitioners that accusation is omnibus and general. There is no specific accusation of assault and petitioners' side lodged Kartaha P.S. Case No. 50 of 2014 at earlier point of time against the informant and others. Moreover, at earlier point of

Patna High Court Cr.Misc. No.41150 of 2015 (2) dt.07-10-2015 2/2 time, Complaint Case No. 3425 of 2013 was also filed against the informant and his family members and on 11.07.2014, the accused side filed Informatory Petition No. 2935 of 2014 against the informant's side. There is land dispute between the parties being Land Dispute Case No. 95 of 2014-15. The impugned order suggests that none of the injuries have been found to be grievous.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the case lodged by the petitioners' side at earlier point of time, accusation being omnibus and general and levelled in the background of serious land dispute, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Hajipur, Vaishali in connection with Kartaha P.S. Case No. 51 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T