Surjan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78805 of 2024 Arising Out of PS. Case No.-147 Year-2024 Thana- CHAND District- Kaimur (Bhabua) ====================================================== SURJAN SINGH SON OF LATE MURAHU SINGH RESIDENT OF VILLAGE - BAGACHHARA, P.S. - CHAND, DISTRICT - KAIMUR AT BHABUA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashutosh Tripathy For the Opposite Party/s :
Mr. Md. Matloob Rab (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-11-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Chand Police Station Case No. 147 of 2024, disclosing offences under Sections 191(2), 127(1), 115(2), 351(2), 109 of BNS.
3. On 31.07.2024, in the afternoon, while the informant was planting crops in his agricultural land, the petitioner along with other accused persons arrived there, started abusing and objected the informant from doing plantation work and upon resistance by the informant, the co-accused Suman Singh ordered to kill him upon which petitioner assaulted the son of the informant Rishi Raj by means of gandasa.
4. Learned Counsel for the petitioner submits that petitioner and informant are agnates and due to land dispute, the occurrence has taken place for which a counter case has also been lodged by the side of the petitioner bearing Chand P.S.
Patna High Court CR. MISC. No.78805 of 2024(2) dt.28-11-2024 2/2 Case No. 148 of 2024 against the informant and others. Referring to the injury report at Annexure P/3, learned counsel submits that the injury caused to the victim is simple in nature.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are agnates having land dispute, case and counter case is also there and the injury caused to the victim Rishi Raj is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Chand Police Station Case No. 147 of 2024, subject to the condition laid down under Section 438
(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) HarshPandey/- U T