Devendra Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14529 of 2016 Arising Out of PS.Case No. -758 Year- 2014 Thana -BIHTA District- PATNA ======================================================
1. Devendra Singh S/o Late Janak Singh R/o Village Ramtari, P.S.- Bihta, District- Patna
2. Narsingh Singh s/o Late Janak Singh R/o Village- Ramtari, P.S.- Bihta, District- Patna
3. Ravindra Singh S/o Late Janak Singh R/o Village- Ramtari, P.S.- Bihta, District- Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Gajendra Pd.Yadav(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-04-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
Petitioners apprehend their arrest in connection with Bihta P.S.Case No. 758/2014 registered for offence punishable under Sections 147, 149, 323, 324, 307 and 379 of the Indian Penal Code.
The prosecution case as lodged by the informant on 11.10.2014 is that the petitioners surrounded and started abusing him, which was protested by the informant on which the accused persons started assaulting him by lathi, sword and pistol due to which he became badly injured.
Learned counsel for the petitioners submits that they are innocent and have committed no offence and only allegation
Patna High Court Cr.Misc. No.14529 of 2016 (2) dt.28-04-2016 2/2 against the petitioners is that they accompanied alongwith other co-accused.
It has further been submitted that these petitioners have clean antecedent and being agnates, there is land dispute between the informant's and the petitioners' side and for the same incident, the brother of the petitioners had also lodged Bihta P.S.Case No. 759/2014 under the same Sections. Learned counsel for the petitioners also submits that that both parties have sustained injuries in the said altercation between the informant and the petitioners' side. However, learned A.P.P. for the State submits that the petitioners are named in the F.I.R., hence, opposes the prayer for bail.
Be that as it may, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only)each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur in connection with Bihta P.S. Case No. 758/2014, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.
(Nilu Agrawal, J) Sudha/- U T