Dinesh Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46111 of 2017 Arising Out of PS.Case No. -152 Year- 2017 Thana -ALOULI District- KHAGARIA ======================================================

1. Dinesh Singh son of Late Ram Sewak Singh.

2. Ritesh Singh sons of Ramanand Singh.

3. Rajesh Singh son of Saryug Singh.

4. Ram Dayal Singh son of Sudhir Singh @ Deepak Singh.

5. Ganesh Singh son of Late Ram Sewak Singh All are resident of village- Nista Haripur, P.S.- Alauli, DistrictKhagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar, Advocate For the State : Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-10-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Alauli P.S. Case No.152 of 2017 registered under Sections 341, 323, 324, 325, 307, 427, 504 and 506/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that for the alleged incident three FIRs were instituted on the same day. In two out of three FIRs, the members of the prosecution party have been made accused. So far as the present case is concerned, in all three persons are alleged to have sustained injuries out of which only one injury caused to one Suraj Kumar

Patna High Court Cr.Misc. No.46111 of 2017 (2) dt.06-10-2017 2/2 on toe was found grievous in nature. All other injuries were found simple and superficial. He submitted that in such view of the matter, in the background of the land dispute, the application of Section 307 of the Indian Penal Code is unwarranted. On the other hand learned counsel for the State submitted that though it is a case of land dispute in which FIRs have been instituted by both sides, still there is allegation that the accused persons had opened fire and had also assaulted on the vital part of the body of the members of the prosecution party. Be that as it may, regard being had to the submissions made above, the petitioners named above are directed to 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, Khagaria in connection with Alauli P.S.Case No. 152 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, in the event of arrest or surrender before the court below within six weeks from today.

(Ashwani Kumar Singh, J) Md.S./- U T