Patna High CourtCR. MISC./61773/2017bail granted

Randhir Kumar Singh @ Randhir Singh And ORS v. The State Of Bihar

2017-12-21Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61773 of 2017 Arising Out of PS. Case No.-136 Year-2016 Thana- PANAPUR District- Saran ======================================================

1. RANDHIR KUMAR SINGH @ RANDHIR SINGH, S/o Late Krishna Dev Narayan Singh,

2. Abhishek Kumar Singh @ Abhishekh Kumar Singh,

3. Hemant Kumar Singh Both Sons of Randhir Kumar Singh, All R/o Village- Rampur Rudra, P.S.- Panapur, District- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Roy For the Opposite Party/s :

Mr. SMT. GULNAR BEGAM ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-12-2017 Heard learned counsel for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under sections 323,324,326,307,379,506 and 504 of the IPC and Section 27 of the Arms Act.

The prosecution case as per the Complaint Case No. 2381 of 2016 filed by Awadhesh Singh, which ultimately got registered as Panapur P.S. Case No. 136 of 2016 after complaint being transferred under section 156(3) of the Cr.P.C. is to the effect that the complainant along with the witnesses and the villagers was holding a meeting for development of temple on 10.8.2016, in the meantime, the accused persons including the

Patna High Court Cr.Misc. No.61773 of 2017(2) dt.21-12-2017 2/3 petitioners reached the temple premises and started abusing the complainant and questioning the use of temple premises without their permission. It is alleged that petitioner Hemant Kumar Singh and co-accused Rajeev Ranjan Singh caught hold of Prafulla Kumar Singh. Petitioner no. 2 started assaulting with lathi whereas petitioner no. 1 fired from country made pistol on Prafulla Kumar Singh but he did not receive any injury. Thereafter, Prafulla was assaulted with the butt of pistol on the eye, causing injury to him. All the accused persons assaulted the informant and Prafulla and petitioner no. 2 snatched chain from Prafulla.

It is submitted by learned counsel for the petitioners that in the background of serious dispute the accusation has been levelled and for the occurrence of 10.8.2016 the FIR came to be registered on 18.10.2016. There is counter version of the occurrence being Panapur P.S. Case No. 100 of 2016. It is further submitted that none received any grievous injury. The petitioners are accused in one other case being Panapur P.S. Case No. 103 of 2016 lodged by the informant side for the same occurrence in which they are on anticipatory bail. Considering the accusation being levelled in the background of serious land dispute and in the connected case

Patna High Court Cr.Misc. No.61773 of 2017(2) dt.21-12-2017 3/3 lodged for the same occurrence petitioners are on anticipatory bail, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-IV, Saran at Chapra in connection with Panapur P.S. Case No. 136 of 2016.

(Dinesh Kumar Singh, J) anil/- U