Rama Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3353 of 2016 Arising Out of PS.Case No. -161 Year- 2015 Thana -JANDAHA District- VAISHALI(HAJIPUR) ======================================================

1. Rama Singh Son of lakhan Singh,

2. Binod Kumar @ Vinod Singh, Son of Lakhan Singh, Both Resident of Village + P.S. - Jandaha, District - Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kishore Thakur For the Opposite Party/s : Ms. Gulnar Begum(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-02-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioners being own brother are apprehending their arrest in connection with Jandaha P.S. Case No. 161 of 2015, registered for offences punishable under Sections 147, 148, 149, 448, 341, 323, 327, 379 and 307 of the Indian Penal Code. Diary in the present case was called for which has since been received.

Learned counsel for the petitioners submits that there is a land dispute between the parties and also the partition suit is pending. It is further submitted that the parties also took recourse to 144 proceedings. The entire dispute has arisen out of a partition between the parties, who are agnates. There has been several cases

Patna High Court Cr.Misc. No.3353 of 2016 (3) dt.18-02-2016 2/2 and counter cases between the parties. The present occurrence took place on account of the aforementioned land dispute in which the petitioners are said to have attacked the informant, the injury report indicates that injury no. 1 and 3 are simple in nature, whereas, with regard to injury no. 2, the doctor has not offered to comment. Considering the aforementioned facts and circumstances and there being no cogent material on record and that the petitioners have no criminal antecedent, let the petitioners above named, in the event of their 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, be enlarged on bail on furnishing bond of Rs. 10,000 (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 161 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J) sunil/- U T