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Patna High CourtCR. MISC./69979/2023bail granted

Suraj Singh v. The State Of Bihar

2023-11-02Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69979 of 2023 Arising Out of PS. Case No.-124 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== 1.

SURAJ SINGH SON OF JADISH SINGH RESIDENT OF VILLAGEWARD NO. 03, KANCHANPUR, PS- BIDUPUR, DISTRICT- VAISHALI 2.

DULARCHAND SAH @ DULARCHAN SAH @ DULARCHANDRA SON OF LATE LOTAN SINGH RESIDENT OF VILLAGE- WARD NO. 11, KANCHANPUR, PS- BIDUPUR, DISTRICT- VAISHALI 3.

HORIL RAY SON OF LATE CHANARIK RAY RESIDENT OF VILLAGE- KANCHANPUR, RAJASAN, VAISHALI, PS- BIDUPUR DISTT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saurabh Sinha For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-11-2023 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Bidupur P.S. Case No. 124 of 2023, registered for the offences punishable under Sections 341, 342, 447, 323, 427, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation, the informant has alleged that Khata No. 121, Plot No. 210 was purchased by his father and later on same has been purchased by his brother Pawan Kumar Chaudhary. For forcibly acquiring the said land, the petitioners

Patna High Court CR. MISC. No.69979 of 2023(2) dt.02-11-2023 2/2 along with other accused persons came there and started cutting banana tree, etc and on protest, they assaulted the nephew of the informant with butt of the pistol.

4. Learned counsel for the petitioner has submitted that the FIR shows itself that there is previous land dispute between the parties and civil suits are pending and proceeding under Section 144 has also been initiated. He has further submitted that the defense side also suffered injuries. Petitioner No. 3 has lodged Bidupur P.S. Case No. 125 of 2023, on the same day. The allegations are general and omnibus.

5. On the other hand, learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released 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 learned Judicial Magistrate 1st Class, Vaishali at Hazipur in connection with Bidupur P.S. Case No. 124 of 2023, subject to the conditions as laid down under Section 438(2) CrPC. (Nawneet Kumar Pandey, J) SONALI/- U T