Satyendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49473 of 2024 Arising Out of PS. Case No.-128 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

Satyendra Singh S/O Late Kishori Singh R/O Basadhi, P.S- Chapra, Mufassil, Distt.- Saran, Bihar.

2.

Rockey Singh @ Rockey Kumar Singh S/O Satyendra Singh R/O Basadhi, P.S- Chapra, Mufassil, Distt.- Saran, Bihar.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 49942 of 2024 Arising Out of PS. Case No.-128 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

Mantu Singh @ Sushil Kumar Singh S/O Rajendra Singh R/O Basadhi, P.SChapra, Mufassil, Dist.- Saran, Bihar. 2.

Malti Devi W/O Satyendra Singh R/O Basadhi, P.S- Chapra, Mufassil, Distt.- Saran, Bihar.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 49473 of 2024) For the Petitioner/s :

Mr.Abhijeet Abhigyan, Advocate :

Mr.Gaurav Kumar, Advocate :

Mr.Sandeep Kumar, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, App (In CRIMINAL MISCELLANEOUS No. 49942 of 2024) For the Petitioner/s :

Mr.Abhijeet Abhigyan, Advocate :

Mr.Gaurav Kumar, Advocate :

Mr.Sandeep Kumar, Advocate For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-08-2024 1.

Heard learned Counsel for the petitioners and learned APP for the State.

Patna High Court CR. MISC. No.49473 of 2024(3) dt.21-08-2024 2/3 2.

These applications, for grant of anticipatory bail, arise out of Chapra Mufassil PS case no. 128 of 2024, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that petitioners of the first case assaulted the informant by means of tangi and petitioners of the second case assaulted him by lathi and snatched golden chain and a sum of Rs. 40,000/-.

4.

Learned Counsel for the petitioners submits that there is a land dispute between the parties and a counter case has been lodged by petitioner no. 1 of the first case against the informant and others bearing Chapra Mufassil P.S. Case No. 127 of 2024, which is prior in time to the present F.I.R. Learned counsel further submits that a proceeding under Section 144 Cr.P.C. was started on the land in question against the informant on the basis of the fact that the land at Khata no. 130, Plot no. 930, situated at vill-Basadi, PS-Chapra Muffasil, Dist-Saran was purchased by petitioner no. 1 of the first case along with his cousin brother Jitendra Singh through registered Sale Deed on 20.09.1982 and later on, said Jitendra Singh sold his half share to one Ramji Singh. He next submits that the injury caused to

Patna High Court CR. MISC. No.49473 of 2024(3) dt.21-08-2024 3/3 the informant is simple in nature, by sharp cutting weapon and doctor has opined that it can be a blade also. 5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that land dispute is existing between the parties, there is case and counter case and the injury caused to the informant is simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioners.

6.

This application is, accordingly, allowed.

7.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within four weeks, be released 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 learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Mufassil PS case no. 128 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T