Jayant Singh And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.33322 of 2016 (3) dt.15-09-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33322 of 2016 Arising Out of PS.Case No. -205 Year- 2014 Thana -MUFFASIL District- AURANGABAD ======================================================
1. Jayant Singh Son of Nand Kishore Singh
2. Rahul singh S/o Devidayal Singh
3. Devidayal Singh s/o Late Achyabar Narain Singh
4. Indrajeet Singh @ Indrajit Singh S/o Anirudh Singh All are resident of Village- Sonbarsa, P.S- Aurangabad (M), District- Aurangabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioners : Mr. Krishna Singh, Senior Advocate. For the informant : Mr. Sanjay Kumar, Advocate. For the State : Mr. Umesh Lal Verma, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-09-2016 Heard learned counsel for the petitioners and learned counsel for the informant as well as learned counsel for the State. Earlier case diary of the present was called for which has since been received.
The petitioners are apprehending their arrest in connection with Aurangabad(M) P.S. Case No. 205 of 2014 registered for the offence under Sections 307, 504, 323, 341, 448, 447, 147, 148 and 149 of the Indian Penal Code as well as Section 27 of the Arms Act.
Learned counsel for the petitioners submits that there is case and counter case between the parties and both sides have received injuries. It is further submitted that though initially
Patna High Court Cr.Misc. No.33322 of 2016 (3) dt.15-09-2016 petitioners were not sent up for trial, however, subsequently the Judicial Magistrate while differing with the Final Form has taken cognizance on the basis of injury report and as such, the petitioners are facing the prosecution.
Learned counsel appearing on behalf of the informant submits that injury Nos. 1 to 4, purported to have been inflicted upon Nand Kishore Singh, have been found to be grievous in nature. It is further submitted that the injury with regard to other persons is simple.
After hearing both the parties, no particular reason is assigned with the occurrence and petitioners nos. 1 to 4 are Government Servants, let the above named petitioners in the event of their arrest/surrender within a period of four weeks from the date of receipt of copy of order 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 the learned Chief Judicial Magistrate, Aurangabad in connection with Aurangabad(M) P.S. Case No. 205 of 2014, subject to condition as laid down under Section 438 (2) of Cr.P.C. (Anjana Mishra, J) m.pal U T