Aash Narain Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2367 of 2016 Arising Out of PS.Case No. -210 Year- 2015 Thana -BARAULI District- GOPALGANJ ======================================================

1. Aash Narain Singh, son of Mahatam Singh

2. Amrendra Singh Son of Aash Narain Singh

3. Lallan Singh Son of Aash Narain Singh

4. Suman Mahato, Son of Rangila Mahato

5. Radha Kishun Singh Son of Kamal Singh

6. Nanhey Mahato @ Nanhey Mahato Son of Rangila Mahato All resident of Village- Bada Badheya, P.s.- Barouli, District- Gopalganj. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Dhramveer, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-02-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Barouli P.S. Case No. 210 of 2015 registered for the offences punishable under Sections 341, 328, 324, 325, 307, 504/34 of the Indian Panel Code.

Case diary in the present case was called for which has since been received.

Learned counsel for the petitioners submits that admittedly, there is a land dispute between the parties, who are close relatives. It is submitted that out of a petty difference regarding keeping of 'Nad' on the land belonging to the

Patna High Court Cr.Misc. No.2367 of 2016 (3) dt.17-02-2016 2/2 informant the occurrence had taken place. It is also submitted that there is a case and counter case between the parties and both the parties have received injuries. It is further submitted that though the injuries sustained by some persons are simple and the injury sustained by Biresh Mahto has been found to be grievous, the occurrence was not on account of any premeditation but out of a petty dispute.

Be that as it may, since the petitioners and the informant side are close relatives and that the petitioners have no criminal antecedent and also because there is no further material available in the case diary, let the petitioners, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the each amount to the satisfaction of the learned Judicial Magistrate, 1st Class, Gopalganj, in connection with Barouli P.S. Case No. 210 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Anjana Mishra, J.) ajaypd./- U T