Surendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59658 of 2019 Arising Out of PS. Case No.-98 Year-2019 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1.

SURENDRA SINGH 2.

Satyendra Singh Both are sons of Late Satya Narayan Singh, Both are resident of Village - Marwa, P.S. - Baikunthpur, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohammad Sufyan For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-09-2019 Heard both sides.

The petitioners apprehend their arrest in Baikunthpur P.S. Case No.98 of 2019 registered under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code. The informant alleged that there is a neem tree in between house of the informant and Bigan Thakur @ Jitendra Thakur. Some branches of the neem tree have grown upto the house of the informant. Bigan Thakur @ Jitendra Thakur assured to cut the branches but the petitioners and others came and indiscriminately assaulted the informant with sword and farsa.

The learned counsel for the petitioners submits that there is a counter version being Baikunthpur P.S. Case No.99 of 2019. No specific allegation is made against the petitioners. All

Patna High Court CR. MISC. No.59658 of 2019(2) dt.26-09-2019 2/2 the seven accused persons named in the F.I.R. are alleged to have assaulted the informant and his family members but learned Sessions Judge has referred the injuries found on the persons of the informant and his family members which are bruise, laceration and abrasion.

Taking into consideration the fact that there is a case and counter case on account of land dispute and cutting of tree and both sides appear to have engaged in scuffle and assault on each other but the injuries found on the informant and his family members are superficial and simple in nature and none of the injuries are caused by sharp edge weapon, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Baikunthpur P.S. Case No.98 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T