Tarkeshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61595 of 2023 Arising Out of PS. Case No.-261 Year-2023 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== 1.

Tarkeshwar Singh S/O Late Ramjanam Singh 2.

Anshik Kumar @ Jhannu @ Anshik Kumar Singh son of Tarkeshwar Singh, Both are R/O Village- Jalalpur, PS. Goutam Bhudh Nagar, Dist. Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bharat Bhushan, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2023 Heard Mr. Bharat Bhushan, learned counsel appearing on behalf of the petitioners and Mr. Rajendra Nath Jha, learned APP for the State.

2. Petitioners seek pre-arrest bail in connection with Goutam Bhudh Nagar (G.B.Nagar) P.S.Case No.261 of 2023, registered for the offences punishable under Sections 341, 323, 325, 307, 379, 504 & 506/34 of the Indian Penal Code.

3. As per the FIR, allegation is that the co-accused persons including the petitioners, who are father and son, had brutally injured the informant, who is own brother of petitioner no.1 and uncle of petitioner no.2. Petitioner no.1 had assaulted on the hand and petitioner no.2 gave iron rod blow on the leg of the informant, due to which both the hands and legs of the

Patna High Court CR. MISC. No.61595 of 2023(2) dt.16-10-2023 2/3 informant were fractured and another co-accused named in the FIR assaulted on the head of the informant.

4. Learned counsel appearing on behalf of the petitioners submits that there is case and counter case between the parties relating to land dispute, however, he has admitted that Title Suit No.8 of 2014 is pending before the court of SubJudge 7th , Siwan.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Having considered the rival submissions of the parties and considering the nature of allegation made against the petitioner no.1 that he had inflicted iron blow on the hand of the informant, which caused fracture, I am not inclined to enlarge the petitioner no.1 (Tarkeshwar Singh), however, he may appear before the learned court below and make prayer for regular bail. The learned court below is directed to pass necessary order in accordance with law on the basis of materials available on record on the same day, the bail application is filed.

7. So far as petitioner no.2 (Anshik Kumar @ Jhannu @Anshik Kumar Singh) is concerned, considering his age as well as the fact that he is a student, he is directed to be released on pre-arrest bail, in the event of his arrest or surrender before

Patna High Court CR. MISC. No.61595 of 2023(2) dt.16-10-2023 3/3 the learned court below within a period of four 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 ACJM IVth, Siwan in connection with Goutam Bhudh Nagar (G.B. Nagar) P.S.Case No.261 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) chn/- U