Hirdya Singh @ Hirdya Nand Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52636 of 2018 Arising Out of PS.Case No. -58 Year- 2017 Thana -DAWATH District- SASARAM (ROHTAS) ======================================================

1. Hirdya Singh @ Hirdya Nand Singh, Son of Late Moti Singh.

2. Sri Lal Singh, Son of Late Moti Singh.

3. Mantu Singh, Son of Sri Hirdya Nand Singh.

4. Santosh Singh @ Santosh Kumar Singh, Son of Sri Hirdya Nand Singh.

5. Sonu Singh @ Sonu Kumar @ Sonu Kumar Singh, Son of Sharda Singh, All resident of Village- Parmeshwarpur, Police Station- Dawath, DistrictRohtas at Sasaram. .... .... Petitioners

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ramchandra Singh For the Opposite Party/s : Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2018 A supplementary affidavit has been filed on behalf of the petitioners. Let it be kept on record.

Heard learned counsel for the petitioners, the informant and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 325, 307, 379 of the Indian Penal Code.

The prosecution case, in brief, is that the petitioners were moving the tractor through the land and door of the informant and, when it was prevented, the informant was assaulted by the petitioners.

Patna High Court Cr.Misc. No.52636 of 2018 (2) dt.11-09-2018 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in this case. Both parties are agnates. The dispute is with respect to the property. Nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. So far as offence u/S 379 of the Indian Penal Code, the same is superficial in nature.

On behalf of the State and the informant, it is submitted that the petitioners are named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with Dawath P.S. Case No. 58 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V./- U T