Kanhaiya Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47612 of 2024 Arising Out of PS. Case No.-40 Year-2023 Thana- PIPRA District- East Champaran ====================================================== 1.
Kanhaiya Singh Son of Late Surendra Singh Resident of Village - Madhudih, P.S.- Pipra, District - East Champaran. 2.
Pappu Singh @ Gautam Rana Son of Chandrabhushan Singh Resident of Village - Madhudih, P.S.- Pipra, District - East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priyesh Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-09-2024 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 342, 324, 307, 379, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, on 25.12.2023, petitioner No. 1 assaulted informant by butt of pistol causing injury beneath the eye and nose. Petitioner No. 2 assaulted Dhiraj Sah by butt of pistol causing injury on his head.
4. Learned counsel for the petitioners submits that earlier, the pre-arrest bail application of these petitioners stood rejected by this Court vide order dated 17.07.2023 passed in Cr.
Patna High Court CR. MISC. No.47612 of 2024(2) dt.13-09-2024 2/2 Misc. No. 30269 of 2023. Petitioners have renewed their prayer for grant of anticipatory bail on the ground that compromise has been arrived between the parties by compromise petition dated 17.02.2024 vide Annexure-P/7. It is further submitted that both parties are pattidars and due to land dispute, simple occurrence of maar-peet took place between the parties. Case and counter case. There is no allegation of repetition of assault.
5. Learned A.P.P. for the State does not dispute the contention made on behalf of the petitioners.
6. Considering the fact that matter has been compromised between the parties, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Pipra P. S. Case No. 40 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Navya/- U T