Arun Kumar Singh @ Arun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68843 of 2021 Arising Out of PS. Case No.-271 Year-2021 Thana- PARSA District- Saran ====================================================== 1.

ARUN KUMAR SINGH @ ARUN SINGH S/o Late Vaijnath Singh Resident of Village- Parsa, Mathura, P.S.- Parsa, District- Saran at Chapra. 2.

Guriya Devi @ Reshmi Devi @ Rashmi Kumari W/o Arun Kumar Singh @ Arun Singh Resident of Village- Parsa, Mathura, P.S.- Parsa, District- Saran at Chapra.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-06-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek pre-arrest bail in connection with Parsa P.S. Case No. 271 of 2021, registered under Sections 341, 323, 354(B), 307, 379, 447, 504, 506/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that for the same event, there is case and counter case. One case was lodged by the petitioners side i.e Parsa P.S. Case No.271 of2021 and another case was lodged by the informant side bearing Parsa P.S. Case no. 278 of 2021 lodged under Sections 341, 323, 354, 379, 504, 506 of the I.P.C. Learned counsel for the petitioners

Patna High Court CR. MISC. No.68843 of 2021(2) dt.16-06-2022 2/3 further submits that from the contents of both the F.I.R., it transpires that both parties are relative and there is a long pending land disputes going on and present occurrence takes place due to construction of boundary wall between their houses. Learned counsel further submits that informant is own uncle of petitioner no.1. He further submits that the injury report shows that the alleged injury is simple in nature and made by hard and blunt substance. He further submits that the petitioners have no criminal antecedent and as such bail may be granted to the petitioners.

Learned counsel for the State opposes the prayer for bail and submits that it is true that both parties are closed relative and land dispute is going on but it is also true that Section 354(B) of I.P.C. is non-bailable offence, therefore, bail should be rejected.

Upon considering the facts and perusal of record that all injuries are simple in nature and there is long pending disputes, fight taken place on both the sides, in result for same event, there is a case and counter case and also considering that petitioners having clean antecedent, let the petitioners, abovenamed, in the event of their arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing

Patna High Court CR. MISC. No.68843 of 2021(2) dt.16-06-2022 3/3 bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IXth, Saran at Chapra, in connection with Parsa P.S. Case No.271 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Dr. Anshuman, J) ravishankar/- U T