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Patna High CourtCR. MISC./55698/2015disposed

Anil Singh And ANR v. The State Of Bihar

2015-12-09Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55698 of 2015 Arising Out of PS.Case No. -304 Year- 2015 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Anil Singh, Son of Awadh Singh

2. Pintu Singh, Son of Anil Singh Both residents of Village- Amra, P.S.- Mufassil, District- Gaya, Bihar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surendra Kumar Singh For the Opposite Party/s : Mr. Smt. Anita Kumari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-12-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 341,323,324,307,379 and 504/34 of the Indian Penal Code and section 27 of the Arms Act.

In the background of dispute with regard to construction of drainage, it is alleged that co accused Sunil Singh and his brother Niranjan Singh assaulted the informant with iron rod and farsa when younger brother of the informant Anuj Singh came to rescue then he was being assaulted by petitioners. It is alleged that co accused

Patna High Court Cr.Misc. No.55698 of 2015 (2) dt.09-12-2015 2/3 Niranjan Singh resorted to fire and co accused Sunil Singh snatched gold chain.

It is submitted by the learned counsel for the petitioners that in the background of drainage dispute the accusation has been levelled though after fifteen days of the occurrence a case was also lodged by the accused side against the informant when female were assaulted. It is further submitted that the accusation of assault is against two persons whereas only one injury was found on the informant. More over, co accused Sunil Singh has been granted anticipatory bail vide Cr. Misc. No. 48465 of 2015.

It is submitted by learned counsel for the informant that the petitioners side lodged the case after fifteen days of the present FIR with regard to a separate occurrence and the assault made by the petitioners side caused grievous injury.

Considering the accusation against the petitioners, it is a case for consideration of the prayer for regular bail of the petitioners by the learned court below in case the petitioner surrender within six weeks from today in connection with Mufassil P.S. Case No. 304 of 2015

Patna High Court Cr.Misc. No.55698 of 2015 (2) dt.09-12-2015 3/3 pending in the court of learned CJM, Gaya.

This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T