Gobardhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11062 of 2021 Arising Out of PS. Case No.-144 Year-2020 Thana- KURTHA District- Jehanabad ====================================================== 1.

GOBARDHAN SINGH, Son of Late Shivbarat Singh Resident of VillageKutubpur, P.S.- Kurtha, District- Arwal. 2.

Rakesh Kumar Son of Gobardhan Singh Resident of Village- Kutubpur, P.S.- Kurtha, District- Arwal.

3.

Rambabu Kumar Son of Sudarsan Singh Resident of Village- Kutubpur, P.S.- Kurtha, District- Arwal.

4.

Sarita Devi Wife of Gobardhan Singh Resident of Village- Kutubpur, P.S.- Kurtha, District- Arwal.

5.

Ramuniya Devi Wife of Sudarsan Singh Resident of Village- Kutubpur, P.S.- Kurtha, District- Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-02-2022 Heard Mr. Paras Nath, learned advocate for the petitioners and Mr. Pancha Nand Pandit, learned APP for the State.

He seeks permission to withdraw the application with respect to petitioner no. 4 who has been arrested during the pendency of this application.

The petition with respect to petitioner no. 4 is dismissed as withdrawn.

Patna High Court CR. MISC. No.11062 of 2021(2) dt.22-02-2022 2/3 The petitioner nos. 1, 2, 3 and 5 seek bail in anticipation of their arrest in connection with Kurtha P. S. Case No. 144 of 2020, instituted for the offences under Sections 147, 148, 149, 341, 323, 325, 307, 337, 338 and 504 of the Indian Penal Code.

There is an admitted land dispute between the parties and because of that, an occurrence took place, in which both sides clashed. Both sides have received injuries. The injuries received by the victims in the subject F.I.R. have been reported to be simple.

The accusation against petitioner nos. 1, 2, 3 and 5 is general and omnibus.

Regard being had to the facts that both sides have fought against each other because of land dispute between them; the accused persons of the counter case which has been lodged by one of the accused persons of this case were granted bail by this Court vide order dated 12th of March, 2021 passed in Cr. Misc. No. 33558 of 2020, the petitioner nos. 1, 2, 3 and 5, above-named, are directed to be released on bail, in the event of their arrest or surrender before the

Patna High Court CR. MISC. No.11062 of 2021(2) dt.22-02-2022 3/3 court below within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal, in connection with Kurtha P. S. Case No. 144 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands disposed off.

(Ashutosh Kumar, J) skm/- U T