Satyendra Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22690 of 2015 Arising Out of PS.Case No. -220 Year- 2014 Thana -NARHAT District- NAWADA ======================================================

1. Satyendra Singh Son of Late Bachu Singh

2. Gautam Kumar Son of Sri Satyendra Singh

3. Purushottam Kumar Son of Sri Satyendra Singh All are resident of village - Katghara, Police Station - Sitamarhi in the District of Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Bharat Lal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-06-2015 At the outset, it is submitted that petitioner no.2 has already been arrested, hence, this application has become infructuous so far as it relates to petitioner no. 2. Heard learned counsels for the petitioners and the State. The petitioner nos. 1 and 3 are apprehending arrest in a case registered for the offences punishable under sections 341,323,324,447,504 and 307/34 of the Indian Penal Code. It is alleged that when the accused persons came variously armed, started hurling abuses, it was protested by the father of the informant when petitioner Satyendra Singh gave Khanti blow on his head, thereafter informant and his mother went to rescue then petitioner Purushottam Kumar gave Khanti blow on

Patna High Court Cr.Misc. No.22690 of 2015 (2) dt.24-06-2015 2/3 the head of the informant. Injury of the father of the informant has been found to be grievous whereas injury of the informant has been found to be simple.

It is submitted by learned counsel for the petitioners that there is no accusation of repeating the blow. The petitioners are agnates of the informant and the case lodged by the petitioners side is earlier in point of time.

Considering the nature of injury caused by petitioner no. 1 Satyendra Singh, let the learned court below consider the prayer for regular bail of the petitioner no. 1 keeping in view that there is no accusation of repeating the blow in case the petitioner no. 1 surrenders within six weeks from today in connection with Narhat (Sitamarhi) P.S. Case No. 220 of 2014 pending in the court of learned SDJM, Nawada.

Considering the fact that the injury caused by petitioner Purushottam Kumar to the informant is simple in nature and there is counter version of the occurrence, let the above named petitioner no. 3 be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Nawada in connection with

Patna High Court Cr.Misc. No.22690 of 2015 (2) dt.24-06-2015 3/3 the aforementioned case subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T