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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62490 of 2019 Arising Out of PS. Case No.-53 Year-2019 Thana- FESHAR District- Aurangabad ====================================================== 1.

SANTOSH KUMAR SINGH @ SANTOSH SINGH Son of Late Arjun Singh Resident of Village - Mohiuddinpur, P.S.- Fesar, District - Aurangabad.

2.

Shailesh Kumar Singh Son of Late Arjun Singh Resident of Village - Mohiuddinpur, P.S.- Fesar, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-10-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Fesar P.S. Case No.53 of 2019 registered under Sections 384, 379, 341, 323, 504 and 506/34 of the Indian Penal Code. The accusation is that the petitioners along with 3-4 unknown came at the door of the informant and started to abuse. When the father of the informant made query to them about abusing the informant, then they asked that they would not permit to do the work of bricks soiling under MANREGA and made demand of Rs.20,000/-, if the informant wanted to continue to do the work of the same, then the father of the informant replied that this is Government Scheme and as to how, his son (the informant) would

Patna High Court CR. MISC. No.62490 of 2019(2) dt.17-10-2019 2/2 pay the money. Thereafter, all the accused started to abuse and commit "Maar-Peet". At that time, the petitioner no.1 caused assault to the informant's father and the petitioner no.2 snatched the gold chain from the neck of the informant. When the informant rushed to save his father, then all started to commit "Maar-Peet" with him through lathi and danda.

Learned counsel for the petitioners submits that due to land dispute, the occurrence of "Maar-Peet" took place between the parties in which the petitioners' side also sustained injury regarding which on the basis of the fardbeyan of the petitioner no.1, Fesar P.S. Case No.52 of 2019 was also instituted against the prosecution party. The petitioners have no criminal antecedents. Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Fesar P.S. Case No.53 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U