Niranjan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51323 of 2019 Arising Out of PS. Case No.-206 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== 1.

Niranjan Kumar Singh, aged about 22 years (Male), son of Awadh Kishore Singh 2.

Kunjan Kumar Singh aged about 30 years (Male), son of Anil Singh 3.

Golu Kumar Singh @ Gollu Kumar Singh , aged about 30 years (Male), son of Subodh Singh 4.

Sanjeev Kumar Singh @ Ram Sanehi Singh, aged about 43 (Male), son of Late Sita Ram Singh 5.

Rahul Kumar Singh @ Sahul @ Rahul Kumar, aged about 19 years (Male), son of Triveni Singh All resident of village- Balia Bujurg, P.S.- Akbarpur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Prasad Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-11-2019 Heard learned counsel for the petitioners and learned counsel for the informant.

At the very outset, learned counsel appearing on behalf of the petitioners seeks permission to withdraw this petition against petitioner no. 4 namely, Sanjeev Kumar Singh @ Ram Sanehi Singh.

Permission is granted.

Accordingly, this application is dismissed as withdrawn against petitioner no. 4.

Patna High Court CR. MISC. No.51323 of 2019(3) dt.16-11-2019 2/3 So far petitioner nos. 1, 2, 3 and 5 are concerned, these petitioners apprehend their arrest in connection with Akbarpur P.S. Case No. 206 of 2019 registered for the offence under Section 147, 148, 149, 341, 323, 307, 379, 427, 504 and 506 of the Indian Penal Code.

The allegation against the petitioners as per the First Information Report is that all the petitioners assaulted the informant and others due to dispute relating to construction of Aahar in the village.

Learned counsel for the petitioners submits that both the parties are co-villagers and there is case and counter case in between them vide Akbarpur P.S. Case No. 207 of 2019, which has been lodged by the side of petitioners against the informant and others. Learned counsel further submits that from the side of the informant five persons have got injuries. Learned counsel appearing for the informant vehemently opposes the prayer for grant of anticipatory bail and submits that from the side of the informant seven persons have got injuries and one of them received grievous injuries namely, Kanti Devi, who was assaulted by Sanjeev Kumar Singh @ Ram Sanehi Singh i.e. petitioner no. 4.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.51323 of 2019(3) dt.16-11-2019 3/3 taking into consideration the fact that dispute between the parties arisen due to construction of Aahar in the village, both the parties are co-villagers, there is case and counter case between them and both sides have received injuries, which are simple in nature, except injury caused to one Kanti Devi, I am inclined to grant the privilege of anticipatory bail to remaining petitioners i.e. petitioner nos. 1, 2, 3 and 5. Accordingly, let the petitioner nos. 1, 2, 3 and 5 namely Niranjan Kumar Singh, Kunjan Kumar Singh, Golu Kumar Singh @ Gollu Kumar Singh and Rahul Kumar Singh @ Sahul @ Rahul Kumar in the event of their arrest or surrender before the Court below within four weeks, 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 learned A.C.J.M.-1st, Nawada in connection with Akbarpur P.S. Case No. 206 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.