Kari Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42803 of 2015 Arising Out of PS.Case No. -206 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================
1. Kari Singh S/o - Ramanand Singh
2. Gunjan Kumar S/o - Devendra Singh
3. Ram Babu Singh S/o - Late Bhola Singh All are R/o Vill. - Akashpur, P.S. - Begusarai Muffasil (Singhaul O.P.) Dist - Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. P.K.Choursiya(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-02-2016 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Begusrai Muffasil ( Singhaul) P.S. Case No. 206/2015 registered for offences punishable under Sections 147,148,149,341,447,323, 307 and 504 of the I.P.C. and 27 of the Arms Act.
The prosecution case as per the FIR, lodged on the basis of written statement of informant, namely Suresh Singh is that on 15.06.2015 at 8.00 P.M. informant along with his brother was sitting at Darwaza in the meantime, the neighbours Arvind
Patna High Court Cr.Misc. No.42803 of 2015 (6) dt.03-02-2016 2/3 Singh, Anil Singh, Kari Singh, Amlesh Singh, Gunjan Kumar & Ram Babu Singh came armed with iron rod and country made pistol with four unknown miscreants and Arvind Singh abused and opened fire upon the informant which missed and hit the wall. Anil gave iron rod blow on the head of the informant as as result of which informant sustained back side injury Kari Singh and Amlesh Singh also gave rod blow , which hit on the right shoulder and arm. When brother of the informant Ramesh tried to save the informant then Gunjan and Ram Babu assaulted him with rod and butt of the pistol causing grievous injury on his right hand, chest and head. The reason behind the occurrence has been disclosed as dispute with respect to installation of hand pump on the land of the informant.
It has been submitted by the learned counsel for the petitioners that the petitioners have no criminal antecedents and there was a dispute with respect to the demarcation of the boundary of the lands of either parties and for installation of hand pump.
It has further been stated that the petitioner No. 2 had lodged a complaint case against the informant and others bearing Complaint Case No. 1953C/2015, which evidently shows that both sides were inimical to each other.
Patna High Court Cr.Misc. No.42803 of 2015 (6) dt.03-02-2016 3/3 Learned A.P.P. draws my attention to para-19 of the case diary, which indicates the injury caused by the petitioners on the informant and his brother Ramesh Singh, was simple in nature. Be that as it may, let the above named petitioners in the event of their arrest or surrender before the Court below within a period of four weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in Begusarai Muffasil (Singhaul) P.S.Case No. 206 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr. P. C. (Nilu Agrawal, J) Sudha/- U T