Nandjee Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49944 of 2019 Arising Out of PS. Case No.-211 Year-2018 Thana- KARAKAT District- Rohtas ====================================================== 1.

NANDJEE SINGH Son of Ramjanam Singh Resident of Village - Kahuwara, P.S.- Bikramganj, Distt - Rohtas.

2.

Gorakh Singh Son of Ramadhar Singh Resident of Village - Kahuwara, P.S.- Bikramganj, Distt - Rohtas.

3.

Ram Awatar Singh Son of Sheo Janam Yadav Resident of Village - Kahuwara, P.S.- Bikramganj, Distt - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-08-2019 Heard both sides.

The petitioners apprehend their arrest in Karakat P.S. case No. 211 of 2018 registered under Section 147, 148, 149, 341, 323, 307, 504, 506 of the IPC and u/s 27 of Arms Act. Chandra Shekhar Singh, the informant, in his fard bayan disclosed that on 07.11.2018 in between 7-8 AM villagers of Kahuwara were trying to make road on the raiyati land of villagers of Itahriya. They were 50-60 in number and were armed with different weapons. The informant named three persons and alleged that the accused persons assaulted the villagers of Itahriya in which Amit Kumar, Chandan Mahto and Babunand Singh received injuries. They were treated in private hospital. During the course of firing, Jai Kumar Singh, son of Surya Singh, of village Kahuwara got fire arm injuries. The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.49944 of 2019(2) dt.13-08-2019 2/2 from the side of petitioners Karakat P.S. case No. 210 of 2018 was registered in which Surya Singh, the informant, made specific allegation that on the order of Chandra Shekhar Singh, informant of the present case, Ajay Singh shot fire which hit on Jai Kumar Singh, son of informant, on his arm. It appears that there is a case and counter case. Both sides assaulted each other for making road. No specific allegation is made against the petitioners. The case was lodged on 17.11.2018, that is, after ten days of the occurrence.

Considering the facts aforesaid and nature of allegation made against the petitioners, the petitioners, above named, in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub divisional Judicial Magistrate, Bikramganj (Rohtas) in connection with Karakat P.S. case No.211 of 2018, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.