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Patna High CourtCR. MISC./45540/2022bail granted

Naresh Singh v. The State Of Bihar

2022-10-20Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23120 of 2022 Arising Out of PS. Case No.-6 Year-2021 Thana- MANSI District- Khagaria ====================================================== ARUN SINGH @ ARUN KUMAR SINGH Son of Late Narayan Singh, Resident of Village - Amani, P.s.- Mansi, Distt.- Khagariya.... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 45540 of 2022 Arising Out of PS. Case No.-6 Year-2021 Thana- MANSI District- Khagaria ====================================================== NARESH SINGH SON OF LATE NARAYAN SINGH, R/O VILLAGEAMANI, P.S.- MANSI, DISTRICT- KHAGARIA (BIHAR).... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 46336 of 2022 Arising Out of PS. Case No.-6 Year-2021 Thana- MANSI District- Khagaria ====================================================== 1.

CHANDAN KUMAR SON OF SRI ARUN SINGH @ ARUN KUMAR SINGH, R/O VILLAGE- AMANI, P.S.- MANSI, DIST.- KHAGARIA (BIHAR).

2.

PAPPU SINGH @ PAPPU KUMAR SON OF UTTIM LAL SINGH, R/O VILLAGE- AMANI, P.S.- MANSI, DIST.- KHAGARIA (BIHAR). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 23120 of 2022) For the Petitioner/s :

Mr.Anant Kumar 1 For the Opposite Party/s :

Mr.Tarun Prasad Mandal (In CRIMINAL MISCELLANEOUS No. 45540 of 2022) For the Petitioner/s :

Mr.Anant Kumar 1 For the Opposite Party/s :

Mr.Ram Sumiran Rai (In CRIMINAL MISCELLANEOUS No. 46336 of 2022) For the Petitioner/s :

Mr.Anant Kumar 1 For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-10-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one

Patna High Court CR. MISC. No.23120 of 2022(3) dt.20-10-2022 2/3 month.

Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Mansi P.S. Case No. 06/2021 registered for offence punishable under sections 147, 148, 149, 427, 307, 504, 506 of the Indian Penal Code and section 27 of the Arms Act. As per allegation, twelve named accused persons came to the field of the informant and they started tilling the land. The informant stood in front of the tractor and thereafter, the accused persons named in the FIR started firing and one fire shot hit the leg of the nephew of the informant Amalesh Yadav. The learned counsel for the petitioners has submitted that the petitioner Arun Singh is innocent. He is 68 years old aged person and he has no criminal antecedent.

He has submitted further that petitioner Naresh Singh is brother of petitioner Arun Singh and petitioner Chandan Kumar is son of petitioner Arun Singh. He has also submitted that there is land dispute between both the parties and the SDO, vide order dated 06.08.2021 in Case No. 614M/2021, has held the possession of the defense side at the disputed land.

Patna High Court CR. MISC. No.23120 of 2022(3) dt.20-10-2022 3/3 with possession of the petitioners over the land. He has also submitted that there is case and counter case. It appears that the possession of the petitioners were held by the learned SDO over the land in question. The altercation had to be taken place in respect of that land. Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No. 06/2021, G.R. No. 62/2021, subject to condition as laid down under section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T