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Patna High CourtCR. MISC./43990/2015disposed

Amlesh Prasad Singh And ORS v. The State Of Bihar

2015-12-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43990 of 2015 Arising Out of PS.Case No. -36 Year- 2015 Thana -TEGHRA District- BEGUSARAI ======================================================

1. Amlesh Prasad Singh, son of Shyamdeo Prasad Singh.

2. Kunal Kumar Gautam @ Kunal Kumar

3. Gautam Kumar.

4. Kundan Kumar. All 2, 3 and 4 sons of Sri Amlesh Prasad Singh. All resident of village Gaura, P.S. Teghra, Distt. Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Singh, Adv. For the Opposite Party/s : Mr. Rajendra Pd.Nat (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-12-2015 Heard both sides.

The petitioners apprehend their arrest in Teghra P.S. Case No. 36/2015, registered for the offences punishable under Section 307, 379 and other sections of the Indian Penal Code. It is alleged that on account of land dispute the petitioners assaulted the husband Vipin Prasad Singh, father-inlaw Radhey Shyam Singh and others. It is submitted that except Vipin Prasad Singh and Radhey Shyam Singh other injured got simple injuries. Kunal Kumar and Kundan Kumar are the assailants of Vipin Prasad Singh and Radhey Shyam Singh who got grievous injuries.

Patna High Court Cr.Misc. No.43990 of 2015 (3) dt.17-12-2015 2/2 It is submitted that the case has already been compromised.

Considering the facts that on account of assault made by Kunal Kumar petitioner no. 2 and Kundan Kumar petitioner no. 4, grievous injuries are caused to Vipin Prasad Singh and Radhey Shyam Singh, I am not inclined to enlarge the petitioner no. 2 and 4 on anticipatory bail. Accordingly, the same is rejected. So far as, the case of petitioner no. 1 and petitioner no. 3 is concerned, they do not inflicted any grievous injury to anyone of them, petitioner no. 1 and petitioner no. 3, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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, Begusarai in connection with Teghra P.S. Case No. 36/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T