Patna High CourtCR. MISC./44047/2017allowed

Shailendra Singh @ Shailu Singh @ Shelel Singh v. The State Of Bihar

2017-09-19Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44047 of 2017 Arising Out of PS.Case No. -143 Year- 2017 Thana -KUMARGHAND District- MADHEPURA ====================================================== SHAILENDRA SINGH @ SHAILU SINGH @ SHELEL SINGH, son of Vidyanand Singh, Resident of Village- Bisanpur Korlahi, Police StationKumarkhand, District- Madhepura. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-09-2017 Heard the learned counsel for the petitioner and the State.

Petitioner is accused in connection with Kumarkhand P.S.Case No.143 of 2017 for the offences punishable under Sections 341, 323, 324, 504, 379 and 307/34 of the I.P.C. Counsel for the petitioner submits that petitioner has no criminal antecedent. He submits that there is admittedly land dispute between the parties. The place of occurrence is the land which belongs to the petitioner in the name of the father of the petitioner. He further submits that there is case and counter case and he is in custody since 15.06.2017. He submits that the petitioner has a right of private defence and as such petitioner

Patna High Court Cr.Misc. No.44047 of 2017 (2) dt.19-09-2017 2/2 deserves bail.

Having heard the counsel for the petitioner and the State considering the fact that there is land dispute and case and counter case and the place of occurrence is the land which belongs to the petitioner in the name of his father, the Court finds substance in the submission of the petitioner that he has a right of private defence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of S.D.J.M., Madhepura, in Kumarkhand P.S. Case No.143/17 subject to the condition that the petitioner will cooperate in conclusion of the trial and will not tamper, in any manner, with evidence or influence the witnesses.

(Anil Kumar Upadhyay, J) AnilKrSinha/- U