Rajesh Kumar @ Pular Singh @ Pular Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55523 of 2019 Arising Out of PS. Case No.-114 Year-2019 Thana- SILAO District- Nalanda ====================================================== 1.

RAJESH KUMAR @ PULAR SINGH @ PULAR KUMAR, aged about 55 years, Male, Son of Ramakant Singh @ Shivkant Singh, Resident of Village - Silaodih, P.S.- Silao, Distt - Nalanda (Bihar) 2.

Shailesh Kumar @ Lalan Singh @ Lalan Kumar, aged about 55 years, Male, Son of Ramakant Singh @ Shivkant Singh Resident of Village - Silaodih, P.S.- Silao, Distt - Nalanda (Bihar) ... Petitioners

Versus

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

For the Petitioners :

Mr. Amresh Kumar Sinha, Adv.

For the Opposite Party :

Mr. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-09-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Silao P.S. Case No. 114 of 2019 for the offences alleged under Sections 341, 323, 308, 325, 506 and 34 of the Indian Penal Code.

The accusation is that both the petitioners were filling soil at the land of the informant, Chandrashekhar Singh. When Chandrashekhar Singh made protest, then, they started to cause assault. On raising alarm, family members of the informant reached there, they were also assaulted. At that time, Ramakant Singh put the pistol on his chest and threatened to move from there. Parmanand Singh was also assaulted through iron at his head.

Learned counsel appearing for the petitioners submits that in fact due to land dispute occurrence of marpeet took place in which petitioners' side also sustained injury regarding which

Patna High Court CR. MISC. No.55523 of 2019(2) dt.02-09-2019 2/2 Silao P.S. Case No. 113 of 2019 is also instituted on the basis of written report of petitioner no. 1, Rajesh Kumar @ Pular Singh @ Pular Kumar. More over, injuries as found on the person of the informant and others are simple in nature, except the knee injury, which is swelling as found on the person of Parmanand Singh. Petitioners have no criminal antecedent. Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Silao P.S. Case No. 114 of 2019 shall be released on pre-arrest bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

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