Satyam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65362 of 2023 Arising Out of PS. Case No.-121 Year-2023 Thana- CHAND District- Kaimur (Bhabua) ====================================================== 1.

Satyam Singh Son Of Pramod Singh Resident Of Village - Pteri, P.S. - Chand, District - Kaimur (BHABUA) 2.

Pramod Singh Son Of Late Raj Kishore Singh Resident Of Village - Pteri, P.S. - Chand, District - Kaimur (BHABUA) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr.Suman Kumari Singh, APP For the Informant/s :

Mr. Harsh Singh, Advocate Mr. Tej Pratap Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-11-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State as well as learned counsel for the informant.

3. The petitioners are apprehending their arrest in connection with Chand P.S. Case No. 121 of 2023 dated 22.06.2023 registered for the offences punishable under Sections 341, 323, 324, 326, 307 and 504 read with 34 of the Indian Penal Code and Sections 27 of the Arms Act.

Patna High Court CR. MISC. No.65362 of 2023(2) dt.07-11-2023 2/3

4. As per the prosecution case, on 21.06.2023 at 10 A.M. during the course of land measurement an alteration occurred, upon which the petitioner Satyam Singh on the instigation of the petitioner Pramod Singh opened fire from his katta. Thereafter, the petitioner dragged the younger son of the informant and assaulted him with punches and kicks. Later, both the injured were taken to Trauma Centre, Varanasi for treatment.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case on account of land dispute. The petitioner No. 1 has clean antecedent whereas the petitioner No. 2 is accused in one more criminal case on which he is on bail as stated in para 3 of the bail petition. There is a case and counter case between the parties. Learned counsel has further submitted that petitioner No. 1 also sustained injury which is grievous in nature.

6. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the prayer of anticipatory bail of the petitioners by submitting that specific allegation of assault is against the petitioner Satyam Singh.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be

Patna High Court CR. MISC. No.65362 of 2023(2) dt.07-11-2023 3/3 enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhabua, Kaimur in connection with Chand P.S. Case No. 121 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T