Amit Kumar @ Amit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51088 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- RANIYATALAB District- Patna ====================================================== 1.

Amit Kumar @ Amit Singh, S/o Sunil Singh R/o village- Janpara, P.S.- Rani Talab, District- Patna 2.

Gaurav Kumar S/o Uday Singh R/o village- Janpara, P.S.- Rani Talab, District- Patna 3.

Sunil Singh S/o Late Shiv Balak Singh R/o village- Janpara, P.S.- Rani Talab, District- Patna 4.

Anil Singh S/o Late Shiv Balak Singh R/o village- Janpara, P.S.- Rani Talab, District- Patna 5.

Uday Singh S/o Late Bineshwar Singh R/o village- Janpara, P.S.- Rani Talab, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-08-2019 Learned counsel appearing on behalf of the petitioners seeks permission to withdraw the application filed on behalf of the petitioner No.5, namely, Uday Singh, as he has already been apprehended by the Police.

In view of the above, the application filed on behalf of the petitioner No.5, namely, Uday Singh is dismissed as withdrawn.

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Patna High Court CR. MISC. No.51088 of 2019(2) dt.17-08-2019 2/3 The petitioners apprehend their arrest in connection with Rani Talab P.S. Case no. 126 of 2019, registered under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code and 27 of the Arms Act. The accusation is that in the early morning of 24.05.2019,while informant was carrying his she-buffalo from cattle shed to door for serving the fodder, in the meantime, 10 to 12 persons came and started to cause assault the informant through lathi, stick and sharp cutting weapons. When the informant raised alarm then his family members reached there, but they were assaulted by them. At that time, Sumit Kumar with intention to kill gave knife blow to his son Sunny near his eye. The petitioner Nos. 1 to 4 and Uday Singh also caused injury to him and his family members.

Learned counsel for the petitioner Nos. 1 to 4 submits that occurrence of Marpit took place due to land dispute, as the petitioners are Gotiya of the informant. Moreover, Sunny, son of the informant, sustained four injuries and all injuries are simple in nature. Further submission is that the petitioner Nos. 1 to 4 has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner Nos. 1 to 4, namely, Amit

Patna High Court CR. MISC. No.51088 of 2019(2) dt.17-08-2019 3/3 Kumar @ Amit Singh, Gaurav Kumar, Sunil Singh and Anil Singh be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate-I, Danapur, Patna in connection with Rani Talab P.S. Case No. 126 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T