Shiv Dayal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44647 of 2023 Arising Out of P.S. Case No.-150 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

Shiv Dayal Singh, S/O Ganga Dayal Singh, R/O Village- Jaya Nagar, P.S. Udawantnagar, Dist. Bhojpur 2.

Manchun Kumar Singh @ Man Kumar Singh @ Munchun Kumar Singh @ Munchun Singh, S/O Wakil Yadav, R/O Village- Jaya Nagar, P.S. Udawantnagar, Dist. Bhojpur 3.

Ajit Kumar S/O Hiralal Singh, R/O Village- Jaya Nagar, P.S. Udawantnagar, Dist. Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Adv.

For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2023

1. Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under sections 147, 148, 149, 342, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is alleged that all the F.I.R named accused persons including these petitioners surrounded the son of the informant and one of the co-accused persons, namely, Shambhu Yadav shot fire upon the son of the informant in which he sustained injury.

Patna High Court CR. MISC. No.44647 of 2023(2) dt.08-08-2023 2/2

4. It is submitted that the petitioners have been made accused in this case due to dispute over land and drainage. There is no eye-witness of the alleged occurrence. Allegation of assault is general and omnibus against these petitioners and no specific overt act has been alleged against them. The specific allegation of causing fire arm injury to the son of the informant is against co-accused Sambhu Yadav and Tilak Dhari Yadav. Petitioners claim clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Udawantnagar P.S. case no. 150 of 2023 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) annu/kaushikU T