Nagina Singh @ Nageena Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84433 of 2024 Arising Out of PS. Case No.-244 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== 1.

Nagina Singh @ Nageena Singh S/O Late Mangal Singh Resident of Village- Rup Poiya, Police Station- Kateya, Distrit- Gopalganj 2.

Dileep Singh S/o Nagina Singh R/o vill - Rup Poiya, P.s. - Kateya, Distt.- Gopalganj 3.

Mahesh Singh S/o Nagina Singh R/o vill - Rup Poiya, P.s.- Kateya, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Ranjan Kumar, Advocate For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-12-2024 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Kateya PS case no. 244 of 2024, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code.

3.

At the outset, it is pertinent to mention here that vide order dated 18.12.2024, passed by this Court, the present bail application is dismissed as withdrawn qua petitioner no. 1 and now, it survives only for petitioners no. 2 and 3. 4.

The prosecution story, as per the First Information

Patna High Court CR. MISC. No.84433 of 2024(3) dt.19-12-2024 2/3 Report, is that on 23.06.2024 in the afternoon, the informant's brother was engaged in unloading bricks from his trolley. Suddenly petitioner no. 2 arrived there with lathi and danda along with petitioner no. 3. It is alleged that petitioner no. 2 assaulted informant's mother Bachia Devi with iron rod and petitioner no. 3 assaulted the informant's brother with dab, resulting in head injury.

5.

Learned Counsel for the petitioners submits that there is previous land dispute between the parties and a counter case bearing Kateya PS Case No. 242 of 2024 has been lodged by the side of the petitioners against the informant's side. Learned counsel further submits that the injuries caused to the victim by petitioners no. 2 and 3 are simple in nature. 6.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that there is previous land dispute between the parties, there is case and counter case and injuries caused to the victims are simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioners no. 2 and 3.

7.

This application is, accordingly, allowed.

8.

Let petitioners no. 2 and 3, in the event of their arrest or surrender before the Court below within six weeks, be

Patna High Court CR. MISC. No.84433 of 2024(3) dt.19-12-2024 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Kateya PS case no. 244 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T