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Patna High CourtCR. MISC./38235/2017bail granted

Baliram Kumar Singh @ Chunnu Singh @ Baliram Singh And ANR v. The State Of Bihar

2017-08-18Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38235 of 2017 Arising Out of PS.Case No. -86 Year- 2017 Thana -JAGDIHSPUR District- BHOJPUR ======================================================

1. Baliram Kumar Singh @ Chunnu Singh @ Baliram Singh,

2. Krishana Singh @ Bhunu Singh @ Dhunu Singh @ Tunnu Singh, Sons of Sajjan Singh, Both are R/o Village- Bhuwan Tola, P.S.- Jagdishpur, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Smt. Usha Kumari Singh, Advocate For the Opposite Party/s : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-08-2017 Heard learned counsels for the petitioners, informant and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Jagdishpur P.S. Case No. 86 of 2017 for the offences under Sections 447, 341, 379, 323, 325, 337, 307, 504 and 506/34 of the IPC.

The prosecution story, in brief, is that the petitioners and other co-accused persons armed with lathi, iron rod and other sharp weapons assaulted the informant and his family members causing a number of injuries to them. The occurrence took place in the back ground of land dispute.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the

Patna High Court Cr.Misc. No.38235 of 2017 (2) dt.18-08-2017 2/2 petitioners. There is a case and counter case between the parties. The nature of injury is said to be simple. No offence under Section 307 of the IPC is made out in the present case. It has been further submitted that similarly situated accused persons namely Sajjan Singh and Barhmeshwar Singh @ Tuntun Singh have been allowed anticipatory bail on 06.07.2017 passed in Cr. Misc. No. 28503 of 2017 by the Bench of this Court.

On behalf of the learned counsels for the informant and the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Jagdishpur P.S. Case No. 86 of 2017 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. - XI, Ara, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sanjay Kumar, J) khushbu/- U T