Binod Kumar @Vinod Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85685 of 2023 Arising Out of PS. Case No.-141 Year-2023 Thana- KHANPURA District- Samastipur ====================================================== 1.

Binod Kumar @Vinod Kumar Singh, Son Of Shatrughan Sahni, Resident Of Village- Haripurghat, Ps- Khanpur, Distt- Samastipur 2.

Pramod Kumar, Son Of Shtrughan Sahni, Resident Of Village- Haripurghat, Ps- Khanpur, Distt- Samastipur 3.

Shatrughan Sahni, Son Of Late Mahendra Sahni, Resident Of VillageHaripurghat, Ps- Khanpur, Distt- Samastipur 4.

Manju Devi, Wife Of Shatrughan Sahni, Resident Of Village- Haripurghat, Ps- Khanpur, Distt- Samastipur 5.

Washista Sahni, Son Of Dulo Sahni, Resident Of Village- Haripurghat, PsKhanpur, Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey (APP.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. In this present case, the petitioners are apprehending their arrest in connection with Khanpur P.S. Case No. 141 of 2023, registered for the offences under Sections 323, 341, 354, 379, 504 and 506/34 of the Indian Penal Code.

3. As per prosecution case, the petitioners assaulted the informant, brother and the mother of the informant. They also took away Rs. 80,000/- from the informant.

Patna High Court CR. MISC. No.85685 of 2023(2) dt.18-01-2024 2/3

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The present case is counter blast of Khanpur P.S. Case No. 140 of 2023 registered under Section 341, 323, 324, 354, 379, 504 and 506 of IPC lodged by petitioner no.3 against the informant and others. In order to save their skin, the informant side lodged the present case. Learned counsel further submits that for an occurrence on 29.05.2023, the FIR has been registered on 02.06.2023 without any explanation. There is admitted land dispute between the parties. Petitioners are having clean antecedent.

5. Learned APP opposes the submissions made on behalf of the petitioners.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the absence of any injury and further considering the possibility of false implication in the background of land dispute and also considering the case and counter case between the parties, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty thousand Only) each with two

Patna High Court CR. MISC. No.85685 of 2023(2) dt.18-01-2024 3/3 sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Samastipur/concerned court in connection with Khanpur P.S. Case No. 141 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) balmukund/- U T