Ashok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48935 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- ISUAPUR District- Saran ====================================================== 1.

Ashok Kumar Singh Son Of Late Shri Bhagwan Singh Siswa Ps- Ishuapur Dist- Saran 2.

Dinesh Kumar Singh Son Of Late Bhagwan Singh Siswa Ps- Ishuapur DistSaran 3.

Randhir Pratap Singh @ Randhir Kumar Singh Son Of Ashok Kumar Singh Siswa Ps- Ishuapur Dist- Saran 4.

Sudhir Pratap Singh @ Sudhir Kumar Singh Son Of Ashok Kumar Singh Siswa Ps- Ishuapur Dist- Saran ... ... Petitioners

Versus

The State of Bihar ... Opposite Parties ====================================================== Appearance :

For the Petitioners :Mr.Surendra Kishore Thakur, Addl Public Prosecutor For the Opposite Parties :Ms/Mrs. Asha Kumari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 323, 324, 304, 504 and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, while the informant was irrigating his field, all the FIR named accused persons including these petitioners came there and started abusing him and on protest, all the accused persons assaulted him by farsa. It is further stated that when informant's son came to rescue, he too was assaulted by the accused persons with the butt of gun. Petitioner no.2 made firing as a result, son of informant sustained fire arms injury in his leg.

4. There is land dispute between the parties. Allegation of assault is general and omnibus against these petitioners. Injuries caused by petitioner nos. 1, 3 and 4 are

Patna High Court CR. MISC. No.48935 of 2023(3) dt.18-09-2023 2/2 simple in nature. Petitioners claim clean antecedent.

5. Considering the nature of injuries caused by petitioners no. 1, 3 and 4, their prayer for bail is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners no. 1, 3 and 4, mentioned above, 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 Judicial Magistrate 1st class, Saran at Chapra in Ishuapur Police Station Case No. 08 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

6. Since petitioner no.2 caused fire arms injury in leg of informant's son, his prayer for bail is rejected. (Prabhat Kumar Singh, J) Shashi U T