Badri Narayan Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41556 of 2015 Arising Out of PS.Case No. -316 Year- 2014 Thana -CHIRAIYA District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Badri Narayan Singh, S/o late Raghubir Prasad

2. Murari Kumar, S/o Badri Narayan Singh

3. Kanhaiya Kumar Singh, S/o Badri Narayan singh

4. Baleshwar Singh, S/o Rajnarayan Singh, All Resident of Village- Katkuiya Tole, Bhinak Singh, P.S. Chiraiya, District East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-12-2015 Heard both sides.

The petitioners, four in number, apprehend their arrest in a case under Section 307 and other sections of the Indian Penal Code.

The informant made allegation that while he along with his uncle and others were harvesting paddy crop, the petitioner no. 1 Badri Narayan Singh assaulted his uncle Bindeshwari Rai, which hit on his head. The other petitioners are also alleged to have assaulted the informant and others. It is submitted that there is a counter-version being Chiraiya P.S. Case No. 317/14 which was registered on the basis of the Fardbayan of Badri Narayan Singh, petitioner no. 1. All the four petitioners

Patna High Court Cr.Misc. No.41556 of 2015 (3) dt.02-12-2015 2/2 received injuries and the injuries of the petitioners are annexed as Annexure-4 series. The land stands in the name of the petitioners and the informant and others are the aggressors. On the other hand, learned counsel for the informant as well as learned A.P.P. opposed the prayer for anticipatory bail of the petitioners, but it appears that the injuries found on the person of Badri Narayn Singh, petitioner no. 1, are simple in nature and the occurrence took place due to land dispute. Considering the facts aforesaid, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikrahana at Motihari in Chiraiya P.S. Case No. 316/2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.