Avinash Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60484 of 2017 Arising Out of PS.Case No. -52 Year- 2017 Thana -LODIPUR District- BHAGALPUR ======================================================

1. Avinash Kumar Singh,

2. Rajiv Kumar Singh @ Arun Kumar Singh @ Rajiv Kumar Both Sons of Sheo Nandan Singh @ Sheonandan @ Shiv Nandan, R/o VillageKhurdn Lodipur, P.S.- Lodipur, District- Bhagalpur.

3. Dharmendra Kumar Singh @ Dharmendra Singh S/o Shiv Narayan Singh, R/o Village- Khurd Lodipur, P.S.- Lodipur , District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Pandey For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 13-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 307 and 448/34 of the Indian Penal Code. The prosecution case is that on 28.05.2017 at 2.30 P.M. the FIR named four accused persons including the petitioners entered into the house of the informant, broke the door and assaulted and informant, his daughter and son. It is submitted by learned counsel for the petitioners that petitioner nos. 1 and 2 are own brothers of the

Patna High Court Cr.Misc. No.60484 of 2017 (2) dt.13-12-2017 2/2 informant, whereas petitioner no. 3 is the brother-in-law of petitioner nos. 1 and 2 as well as the informant. The accusation has been levelled in the background of land dispute and the injury of the informant and his son has been found to be simple in nature. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.

Considering the nature of accusation and the medical opinion with regard to the injury as quoted in the impugned order, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Bhagalpur in connection with Lodipur P.S. Case No. 52 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T