Arun Singh @ Arun Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68631 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- SINDHIYA District- Samastipur ====================================================== 1.

Arun singh @ Arun Kumar Singh S/o Satya Narayan Singh R/o vill - Ward no. 1, Sripur Mauan, P.O. - Bangarhatta, P.S. - Singhiya, Distt. - Samastipur, Bihar 2.

Mithun Kumar Singh S/o Arun Kumar Singh R/o vill - Ward no. 1, Sripur Mauan, P.O. - Bangarhatta, P.S. - Singhiya, Distt. - Samastipur, Bihar 3.

Sanyog Kumar Singh S/o Arun Kumar Singh R/o vill - Ward no. 1, Sripur Mauan, P.O. - Bangarhatta, P.S. - Singhiya, Distt. - Samastipur, Bihar 4.

Krishna Kumar Singh S/o Ranjit Singh R/o vill - Bangarhatta, P.O. - Bangarhatta, P.S. - Singhiya, Distt. - Samastipur 5.

Manish Singh @ Manish Kumar Singh S/o Ranjit Singh R/o vill - Bangarhatta, P.O. - Bangarhatta, P.S. - Singhiya, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-10-2024 At the outset, learned counsel for the petitioners seeks permission to withdraw the pre-arrest bail petition of petitioner No. 2.

2. Permission is accorded.

3 . The bail petition of petitioner No. 2 is dismissed as withdrawn .

4. Heard learned counsel for the petitioner Nos. 1 , 3 , 4 and 5 and the State .

5 . Petitioners apprehend arrest in a case registered for

Patna High Court CR. MISC. No.68631 of 2024(2) dt.23-10-2024 2/3 the offence punishable under sections 341 , 342, 323 , 324, 307, 354 B, 379, 504, 506 and 34 of the Indian Penal Code .

6. As per F.I.R., all the accused persons, surrounded informant and his mother, and on the order of Arun Singh (petitioner No. 1), petitioner No. 3 Sanyog Kumar Singh, assaulted with Farsa on head of informant causing injury to him and co-accused Mithun Kumar Singh repeatedly assaulted the informant with an iron rod on his head, back, and arm, as a result of which he fell down on the ground. It is further alleged that when the mother of informant came for rescue, she was assaulted by petitioner No. 5 Manish Kumar Singh and petitioner No. 4 Krishna Kumar Singh with a butt of a pistol, causing injury to her. Co-accused Ranjeet Singh and petitioner No. 4 Krishna Kumar Singh outraged modesty of mother of informant.

It is further alleged that co-accused Mithun Kumar Singh assaulted the wife of informant with an iron rod on her head, causing injury to her. It is lastly alleged that petitioner No. 5 Manish Kumar Singh took the gold Mangal Sutra from the neck of the wife of informant, and petitioner No. 4 Krishna Kumar Singh assaulted the daughter of informant with Danda on her head, causing injury and also disrobbed her.

7. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.68631 of 2024(2) dt.23-10-2024 3/3 both parties are gotias and due to land dispute a scuffle took place between both the parties in which both sides sustained injuries. Case and counter case . Injury allegedly caused by these petitioners are simple in nature . Rest of the allegations are ornamental in nature . Petitioners claim clean antecedent. 8 . Learned counsel for the State oppose the bail petition of the petitioner.

9. Considering the clean antecedent of petitioners and other circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioner Nos. 1 , 3 ,4 and 5 as named above, 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 Judicial Magistrate 1st Class Rosera Samastipur in connection with Singhiya P.S. case No. 73 of 2024 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T