Bhuvneshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78544 of 2024 Arising Out of PS. Case No.-53 Year-2024 Thana- GHOGHARDIHA District- Madhubani ====================================================== 1.

Bhuvneshwar Singh Son of Late Shree Lal Singh Resident of VillageKadmaha, P.S.- Ghoghardiha, Distt.- Madhubani 2.

Ghuran Singh Son of Bhuvneshwar Singh Resident of Village- Kadmaha, P.S.- Ghoghardiha, Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baleshwar Kamat, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-11-2024 Heard learned counsel for the petitioners and Mr. Chandra Bhushan Prasad, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Ghoghardiha P.S. Case No. 53 of 2024 instituted for the offence under Section 323, 379, 307, 448, 504, 506 and 34 of the Indian Penal Code.

3. The case of the prosecution is that the petitioners along with other being armed with Farsa and iron rod arrived and started assaulting the informant and his brother. It is further alleged that petitioner no. 2 assaulted with farsa on the head of the informant after that petitioner no. 1 assaulted with farsa which hit on the left hand of the informant. It is also alleged that all the accused persons assaulted the informant and his brother.

Patna High Court CR. MISC. No.78544 of 2024(2) dt.29-11-2024 2/2

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to land dispute between the parties. Learned counsel for the petitioners has submitted that there is also a counter version of this case in which both parties have sustained injuries.

5. Learned APP for the State has opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Ghoghardiha P.S. Case No. 53 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Jhanjharpur, Madhubani subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Shubham/- U T