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Patna High CourtCR. MISC./23501/2016bail granted

Bachhu Singh @ Bachcho Singh And ANR v. The State Of Bihar

2016-05-25Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23501 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -AMARPUR District- BANKA ======================================================

1. Bachhu Singh @ Bachcho Singh Son of late Deep Narayan Sing

2. Aman Singh@Aman kumar Singh Son of Manoj Singh Both resident of Village Kushmaha Police Station Amarpur, District Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. D.P.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 25-05-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307 and 447 of the Indian Penal Code.

The prosecution case is that on six named accused persons on 04.01.2016 at 6.30 A.M. came, started abusing the informant and directed to withdraw the earlier case filed in 2015. On protest being made the accused persons assaulted the informant as a result informant sustained injury. On alarm being raised the son of the informant came to rescue

Patna High Court Cr.Misc. No.23501 of 2016 (2) dt.25-05-2016 2/3 he was also assaulted.

It is submitted by learned counsel for the petitioners that petitioner no. 1 is aged about 75 years and petitioner no. 2 is a student. The accusation of assault by six persons when the informant has received four injuries and out of which one has been found to be grievous. So far as the injury of the son of the informant is concerned, he has sustained three injuries, out of which two have been found to be simple and third is fracture. There is a counter version of the occurrence also and in the background of land dispute the accusation has been levelled. The petitioners' side have also received grievous injury.

A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the genesis of the occurrence and the fact that both sides have received injuries, let the above named petitioners be released on anticipatory bail, in the event of 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No.

Patna High Court Cr.Misc. No.23501 of 2016 (2) dt.25-05-2016 3/3 02 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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