Jairam Singh @ Jairam Kumar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57634 of 2017 Arising Out of PS.Case No. -125 Year- 2017 Thana -OBRA District- AURANGABAD ======================================================
1. Jairam Singh @ Jairam Kumar Singh, S/o Babu Ram Singh,
2. Hari Prasad S/o Babu Ram Singh,
3. Daya Nand Kumar S/o Shiya Ram Singh,
4. Abhishek Kumar @ Shyam Kumar S/o Shiya Ram Singh,
5. Shiv Kumar @ Shiv Kumar Singh S/o Shyam Sunder Singh, All R/o Village- Manjhiyawan, P.S.- Obra, District- Aurangabad. .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Sinha For the Opposite Party/s : Mr. Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Obra P.S. Case no. 125 of 2017, registered under Sections 147, 148, 149, 323, 324, 325, 307 and 504 of the Indian Penal Code. The accusation is that eight persons named in the F.I.R. including the petitioners along with unknown came at the land of informant Prafful Kumar, which was purchased by him, where his family members were making construction. At that time, Petitioner No.2 Hari Prasad fired, but no one sustained injury and family members of the informant started fleeing. At that time, Siyaram Singh caused injury through sword at the head of Mukhdeo Singh,
Patna High Court Cr.Misc. No.57634 of 2017 (2) dt.15-12-2017 2/2 Vishwajeet Kumar caused injury to the informant at his head through sword at his leg by petitioner No.1 Jairam Singh and petitioner No.5 Shiv Kumar also caused injury through Bhala at the head of Saurav Kumar.
Learned counsel for the petitioners submits that, in fact, occurrence of Marpit took place due to land dispute in which petitioner side also sustained injury regarding which Obara P.S. Case No. 124 of 2017 is instituted on the basis of fardbeyan of co-accused Syaram Singh. Moreover, injuries as found on the person of the informant and others are of simple in nature. The petitioners having no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M. Daudnagar, Aurangabad in connection with Obra P.S. Case No. 125 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T