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Patna High CourtCR. MISC./63232/2021disposed

Lalbabu Singh v. The State Of Bihar

2022-07-20Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63232 of 2021 Arising Out of PS. Case No.-110 Year-2021 Thana- PANCHRUKHI District- Siwan ====================================================== 1.

LALBABU SINGH Son of Late Gokhula Singh Resident of Village - Bariyarpur, P.O. and P.S.- Pachrukhi, District - Siwan. 2.

Ranjit Kumar Singh @ Ranjeet Kumar Singh Son of Lalbabu Singh Resident of Village - Bariyarpur, P.O. and P.S.- Pachrukhi, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Dubey For the Opposite Party/s :

Mr.Brajendra Nath Pandey For the informant Mr. Bipin Bihari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-07-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and learned counsel for the informant.

The petitioners apprehend their arrest for the offences alleged under Sections 147, 341, 307, 120B of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Pachrukhi P.S.Case No. 110 of 2021. As per allegation, the petitioners along with one Govind Singh and three unknown persons came to the shop of the informant. At the order of petitioner no.1, petitioner no.2

Patna High Court CR. MISC. No.63232 of 2021(2) dt.20-07-2022 2/3 fired shot which hit the mouth of the informant's son. Learned counsel for the petitioners has submitted that there is land dispute between the parties. Title suit was decreed in favour of the petitioners and in execution delivery of possession was also given to the petitioners. He has submitted further that the prosecution side made hindrances in possession of the disputed land in favour of the defense side and in this respect the defense side has filed a case. He has also submitted that there is case and counter case.

On the other hand, learned counsel for the informant has submitted that there is specific allegation against petitioner no.2 that he fired shot which hit the mouth of the informant's son.

In view of aforesaid, petitioner no.2 does not deserve anticipatory bail. His prayer for anticipatory bail is hereby rejected.

So far as petitioner no.1 is concerned, let him abovenamed, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with

Patna High Court CR. MISC. No.63232 of 2021(2) dt.20-07-2022 3/3 Pachrukhi P.S.Case No. 110 of 2021, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Office shall ensure that all the defects are removed by the petitioners within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T