Ritesh Singh @ Ritesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61801 of 2018 Arising Out of PS. Case No.-250 Year-2018 Thana- MASHRAK District- Saran ====================================================== Ritesh Singh @ Ritesh Kumar Singh, Son of Surendra Pd. Singh, Resident of Village-Bangra Takath Tola, P.S.- Mashrakh, District-Saran.... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.

The prosecution case as per the fardbeyan of Indramani Kumar Singh, recorded on 21.07.2018 at 9 AM at P.H.C., Mashrakh by P.P. Gupta, S.I. of Mashrak Police Station is to the effect that on on the same day at 5.45 PM, the informant along with his brother-in-law, Abhishek Kumar Singh was going to Chapra on motorcycle and when he reached near his disputed land and he saw all the accused persons including the petitioner sitting in his field and on making protest, on the order of coaccused Surendra Singh, the petitioner, Ritesh Singh assaulted him with Daab as a result, the informant received injury on his right palm. Subsequently, Co-accused, Viresh Singh caught hold

Patna High Court Cr.Misc. No.61801 of 2018(2) dt.06-10-2018 2/3 of him and the petitioner caused injury on his head and when the brother-in-law of the informant came to rescue him, the petitioner assaulted with Daab on his head. It is further alleged that co-accused Surendra Singh snatched Rs. 7,000/- and gold chain.

It is submitted by learned counsel for the petitioner that in the background of land dispute, the accusation has been levelled. The injury of the informant has been found to be simple in nature. Though, the informant has received three injuries, one incise injury and other lacerated one, but it is alleged against the petitioner to have assaulted the brother-inlaw of the informant with Daab, and his injuries have been found to be simple caused by blunt and hard substance. It is further submitted that there is counter version of the occurrence also, being Masrakh P.S. Case No. 252 of 2018. A statement has been made in paragraph no.3 of the petition that the petitioner is involved in one other case also.

It is submitted by learned APP for the State the petitioner is named in the FIR with specific accusation.

Considering the accusation being not completely corroborated by the medical opinion, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of

Patna High Court Cr.Misc. No.61801 of 2018(2) dt.06-10-2018 3/3 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-VI, Saran, Chapra, in connection with Mashrakh P.S. Case No. 250 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T