Kamaldev Singh @ Kamal Dev Nishad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65350 of 2019 Arising Out of PS. Case No.-157 Year-2019 Thana- BARARI District- Katihar ====================================================== KAMALDEV SINGH @ KAMAL DEV NISHAD S/o Late Prithvi Chandra Singh R/o village- Sukhasan, P.S.- Barari (Semapur), District- Katihar ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimal Kumar For the Opposite Party/s :
Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-11-2019 The petitioner apprehends his arrest in connection with Barari (Semapur) P. S. Case No. 157 of 2019 registered under Sections 307, 504 and 506/34 of the Indian Penal Code and 27 of the Arms Act.
Allegation against the petitioner is that petitioner along with other accused persons arrived at the house of the informant and co-accused Dabloo Singh fired upon him which caused injury to him.
Learned counsel appearing on behalf of the petitioner submits that petitioner and informant are co-sharers and there is land dispute between them. He further submits that no overt act has been alleged against the petitioner and he did not make any firing upon the informant and others.
Having regard to the submissions made by the parties and
Patna High Court CR. MISC. No.65350 of 2019(2) dt.06-11-2019 2/2 taking into consideration the fact that both parties are co-sharers and there is no allegation of firing upon the petitioner as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJMV, Katihar in connection with Barari (Semapur) P.S.Case No. 157 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) sujit/- U T