Rajnath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51257 of 2019 Arising Out of PS. Case No.-155 Year-2019 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.

RAJNATH SINGH Son of Late Shiv Bhabhuti Singh Resident of Village - Jagdishpur, P.S.- Buxar (Muffasil), Dist.- Buxar. 2.

Saroj Singh Son of Rajnath Singh Resident of Village - Jagdishpur, P.S.- Buxar (Muffasil), Dist.- Buxar.

3.

Shailendra Singh Son of Rajnath Singh Resident of Village - Jagdishpur, P.S.- Buxar (Muffasil), Dist.- Buxar.

4.

Nagendra Singh Son of Rajnath Singh Resident of Village - Jagdishpur, P.S.- Buxar (Muffasil), Dist.- Buxar.

5.

Satyendra Singh Son of Rajnath Singh Resident of Village - Jagdishpur, P.S.- Buxar (Muffasil), Dist.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mrs. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-08-2019 Heard both sides.

The petitioners apprehend their arrest in Buxar Muffasil P.S. case No. 155 of 2019 registered under Section 341, 323, 325, 308, 504, 506, 34 of the IPC.

The informant alleged that the dispute arose due to passing through a passage. The accused persons forbid his father not to go through the road but the father of informant insisted to pass through the road. On such, all the accused persons are alleged to have assaulted the father, mother and brother of the informant.

The learned counsel for the petitioners submits that all the injuries are laceration, bruises and abrasion and simple in nature save and except one injury found on the wrist of the

Patna High Court CR. MISC. No.51257 of 2019(2) dt.17-08-2019 2/2 father of the informant. The injury on the wrist of father of informant was fracture and the doctor opined the injury to be grievous in nature. It is submitted that both sides entered into scuffle on insistence of passing through the private land of the petitioners and when the petitioners objected the occurrence took place.

Taking into consideration the facts that petitioners objected the use of land as a road and on such the informant and his father insisted to go through the road and used the same for their own purpose the occurrence took place, the petitioners, above named, in the event of their arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order are directed to be enlarged on bail on their furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar Muffasil P.S. case No. 155 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T