Baleshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41690 of 2015 Arising Out of PS.Case No. -422 Year- 2014 Thana -BARH District- PATNA ====================================================== Baleshwar Singh son of Lat Ramphal Singh resident of village Nadawai, P.S. Barh District Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. U.S.P Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 08-10-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case is that the informant came to his house when petitioner along with his son Binay Kumar came, abused and assaulted the informant and his wife with fists and slaps and asked the informant not to allow his wife to enter into the temple. On 19.10.2014 the petitioner and others assaulted the informant and his brother and thereafter on the order of the petitioner, co-accused Binay Kumar fired at the

Patna High Court Cr.Misc. No.41690 of 2015 (2) dt.08-10-2015 2/2 brother of the informant causing injury to him. It is submitted by learned counsel for the petitioner that in the background of share dispute the accusation has been levelled. The specific accusation has not been levelled against the petitioner and for the initial occurrence of 18.10.2014 the FIR was lodged on 19.10.2014.

A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the fact that accusation of firing is not against the petitioner, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, District - Patna in connection with Barh P.S. Case No. 422 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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