Hakim Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57244 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- MADHAURAH District- Saran ====================================================== Hakim Singh, son of Late Ram Lakhan Singh Resident of Village-Jawainia, P.S.-Marhourah, District-Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Dhar Jha For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Marhourah (Gaura O.P.) P.S. Case No.87 of 2019, for the offence punishable under Sections 341, 323, 504, 324, 307, 506/34 of the Indian Penal Code.

The allegation against the petitioner is that he assaulted the informant by means of Dab on his head and other co-accused, Satyendra Singh, assaulted by rod to his nephew. Mr. Arun Kumar Singh, learned counsel for the petitioner, submits that both the parties are co-sharer and there is land dispute between them. Learned counsel further submits that there is case and counter case inasmuch as Marhourah P.S. (Goura O.P.) Case No.88 of 2019 has been lodged by petitioner against the informant and others in which family members of the petitioner have also

Patna High Court CR. MISC. No.57244 of 2019(2) dt.11-09-2019 2/2 received injuries. Learned counsel further submits that petitioner is practicing Advocate at Civil Court, Chapra.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that both the parties are co-sharers and there is land dispute between them and there is case and counter Case between the parties for the same incidence and it appears that there was free fight between both the parties and both sides have received injuries, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T