Panchu Singh @ Pachchi Singh @ Panchi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64208 of 2019 Arising Out of PS. Case No.-53 Year-2015 Thana- SHAHKUND District- Bhagalpur ====================================================== 1.

Panchu Singh @ Pachchi Singh @ Panchi Singh Son of Rudal Singh Resident of Village- Jhakhor, P.S.- Shankund, District- Bhagalpur. 2.

Chhattu Singh @ Chhotu Singh @ Chhatu Singh Son of Rudal Singh Resident of Village- Jhakhor, P.S.- Shankund, District- Bhagalpur. 3.

Anil Singh Son of Rudal Singh Resident of Village- Jhakhor, P.S.- Shankund, District- Bhagalpur.

4.

Kanil Singh Son of Rudal Singh Resident of Village- Jhakhor, P.S.- Shankund, District- Bhagalpur.

5.

Phantoos Singh @ Fantus Singh Son of Anil Singh Resident of VillageJhakhor, P.S.- Shankund, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 147, 148, 149, 323, 324, 325, 326, 307, 379, 504 & 506 of the Indian Penal Code.

The prosecution case, in short, is that while the mother of the informant returned with his younger sister from school, the accused persons standing near the house of the informant from before, started abusing and in consequence thereof, the

Patna High Court CR. MISC. No.64208 of 2019(2) dt.17-10-2019 2/3 accused persons assaulted the family members of the informant. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners are in custody since 16-05-2019. Charge sheet in this case has already been submitted. The alleged occurrence is said to have taken place due to land dispute. The petitioner No. 1 is said to have assaulted by means of iron rod. Single blow was given by the petitioner No. 1. No repetition of blow was made. Other petitioners had also assaulted the victim in course of occurrence. The petitioners had no intention to commit the offence. No offence u/S 307 of the Indian Penal Code is made out. Rest of the offences are triable by the Magistrate. It has further been submitted that the petitioners may be released after completion of six months in custody.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that after completion of six months in custody, the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of

Patna High Court CR. MISC. No.64208 of 2019(2) dt.17-10-2019 3/3 the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bhagalpur in connection with Shahkund P.S. Case No. 53 of 2015.

(Sudhir Singh, J) A.K.V.//- U T