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Patna High CourtCR. MISC./63505/2024allowed

Hari Singh v. The State Of Bihar

2024-10-26Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63505 of 2024 Arising Out of PS. Case No.-177 Year-2024 Thana- MAJORGANJ District- Sitamarhi ====================================================== 1.

Hari Singh, S/O Late Bharat Singh, Resident of Village- Dumrikalan, P.S.- Majorganj, Dist- Sitamarhi 2.

Maru Singh, S/O Late Bharat Singh, Resident of Village- Dumrikalan, P.S.- Majorganj, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 26-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.

3. The case of the prosecution is that the informant has sold some land and has put Rs. 2,50,000/- with him. On the date of the occurrence, his brothers (the petitioners) arrived and started demanding their share to which the informant denied. On this, the petitioners abused. It is alleged that Hari Singh pressed the neck of the informant with the help of rope and both of the petitioners assaulted him.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.63505 of 2024(3) dt.26-10-2024 2/2 petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. From perusal of the order of the trial Court, it is clear that the informant has received some injuries with hard and blunt object and there was legature mark over the nose. The petitioners and informant are own brothers. The dispute was regarding share in the sold land. A statement has been made in para 3 of the petition that petitioners are having clean antecedent. They are in judicial custody since 03.06.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Sitamarhi in connection with Majorganj P.S. Case No. 177 of 2024. (Ashok Kumar Pandey, J) lata/- U T