Kamal Kishore Singh @ Jhabu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35478 of 2016 Arising Out of PS.Case No. -184 Year- 2016 Thana -BARHARA District- BHOJPUR ======================================================

1. Kamal Kishore Singh @ Jhabu Singh S/o Kanhaiya Singh resident of Village- Ekawana, Police Station- Barahara, Disrict- Bhojpur, Ara. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajiva Ranjan For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-09-2016 Heard learned counsel for the petitioner as well as learned counsel for the State.

The petitioner apprehends his arrest in Barahara P.S. Case No. 184/2016, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code. The informant alleged that the petitioner and others came to his darwaja and called the informant and asked him to request his wife to withdraw her nomination from the election of Mukhiya. On such, the petitioner is alleged to have assaulted the informant with sharp edge weapon on head. Kanhaiya Singh assaulted the informant with iron rod on his shoulder. Kanhaiya Singh also gave second blow which hit on the hand of the informant.

Patna High Court Cr.Misc. No.35478 of 2016 (3) dt.29-09-2016 2/2 It is submitted that there is a counter version being Barahara P.S. Case No. 197/2016. Madan Singh is the informant of this case and the informant of the present case Lalu Singh assaulted Madan Singh and other family members. Madan Singh is admitted in the hospital. The injury found on the person of Lalu Singh (Annexure-4) is simple in nature.

Considering the facts aforesaid and the fact that there is mutual assault between the two sides in which the informant got simple injuries; from the side of the petitioner also Madan Singh got injury which is simple in nature, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Barahara P.S. Case No. 184/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J.) Rakhi U T