Ram Niwas Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50263 of 2016 Arising Out of PS.Case No. -225 Year- 2016 Thana -BARHARA District- BHOJPUR ======================================================

1. Ram Niwas Singh Son of Late Triyugan Singh

2. Umesh Singh @ Umesh Kumar Singh son of Ram Niwas Singh Both are resident of Village- Ekawana, Police Station- Barahara, District- Bhojpur. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case instituted under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code.

Allegation against petitioners is that they were ploughing land of informant and on protest being made, informant was abused and fire shot was made upon him.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses against petitioners. It is a case and counter case between the parties. The nature of injury is said to be simple. Hence, no offence under Section 307 of the Indian Penal Code is made out.

On behalf of the State and the informant, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of

Patna High Court Cr.Misc. No.50263 of 2016 (2) dt.23-11-2016 2/2 learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Barahara P.S. Case no. 225 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T