Navin Prasad Singh @ Navin Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54260 of 2022 Arising Out of PS. Case No.-2 Year-2021 Thana- RAJAON District- Banka ====================================================== 1.

Navin Prasad Singh @ Navin Singh S/O Late Upendra Prasad Singh Resident of village- Goradih, P.S.- Rajoun (Nawada O.P.), District- Banka. 2.

Nilesh Kumar S/O Navin Pd. Singh Resident of village- Goradih, P.S.- Rajoun (Nawada O.P.), District- Banka.

3.

Ritesh Kumar @ Nitesh Kumar S/O Navin Prasad Singh Resident of villageGoradih, P.S.- Rajoun (Nawada O.P.), District- Banka. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Gupta For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2022 Heard both sides.

The petitioners apprehend their arrest in connection with Rajoun (Nawada O.P.) P.S. Case No.02 of 2021, registered for the offences punishable under Sections 341, 323, 308, 504, 506 and 34 of the Indian Penal Code.

The petitioners alongwith other co-accused persons are said to have assaulted the informant by means of lathi and iron rod.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. The petitioners have got no criminal antecedent as

Patna High Court CR. MISC. No.54260 of 2022(2) dt.15-12-2022 2/2 stated in paragraph-3 of the bail application. It is further submitted that the informant and petitioner no.1 are full brothers and there is bona fide land dispute between the parties for which Title Suit No.38 of 2017 is going on between them. Learned APP for the State opposed the prayer for anticipatory bail of the petitioners by submitting that the injury sustained by the injured person is grievous in nature. Considering the facts that there is admitted land dispute between the parties and a title suit is going on between them, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.

25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka in connection with Rajoun (Nawada O.P.) P.S. Case No.02 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.