Kanj Kumar Singh v. The State Of Bihar
Patna High Court Cr.Misc. No.20228 of 2017 (2) dt.05-06-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20228 of 2017 Arising Out of PS.Case No. -35 Year- 2017 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ====================================================== Kanj Kumar Singh Son of Late Ram Pravesh Singh Resident of Village : - Andaur, P.S.: - Mohiuddin Nagar, District : Samastipur. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Sri Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2017 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Mohiuddin Nagar P.S.Case No. 35 of 2017 for the offences under Sections 448, 341, 323, 324, 326, 307 and 380 of the Indian Penal Code.
From the statements made in paragraph nos. 8, 9 and 10 of the petition it appears that there is land dispute between the parties. There is a case and counter case. Both sides have sustained injuries.
The statements made in paragraph nos. 8, 9 and 10 of the petition are reproduced herein below:
"8. That the petitioner's father has filed Title Suit No. 147 of 2013 (Ram Pravesh Singh -v- Kapileshwar Singh) is pending in the court of learned Sub-Judge-1, Shahpur Pattory within Samastipur district.
9. That the petitioner and the informant are gotias and the next door neighbour and the present case is counter
Patna High Court Cr.Misc. No.20228 of 2017 (2) dt.05-06-2017 blast action of the informant.
10. That the petitioner is a practicing lawyer of the District Bar Association, Samastipur who went to his village where the informant party and his associates brutally assaulted him, his brother and his family members for which Mohiuddin Nagar P.S.Case No. 34 of 2017 dated 26.02,2017 lodged by the petitioner's younger brother Abhay Kumar Singh who is also practicing lawyer of Samastipur District Bar Association under Sections 448, 341,324, 323, 307 and 506/34 of the Indian Penal Code and accused in Mohiuddin Nagar P.S.Case No. 35 of 2017".
The petitioner is a practicing lawyer and as per statement made in para 3 of the petition that he has no criminal antecedent. Having regard to the facts and circumstances of the case, as mentioned above, let the above named petitioner, in the event of his arrest/surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateIVth,Samastipur, in Mohiuddin Nagar P.S.Case No. 35 of 2017,subject to the conditions as laid down u/s 438(2) Cr.P.C. (Anil Kumar Upadhyay, J) singh/- U T