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Patna High CourtCR. MISC./84163/2019bail granted

Kisan Singh @ Krishna Singh v. The State Of Bihar

2020-06-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84163 of 2019 Arising Out of PS. Case No.-289 Year-2018 Thana- NASRIGANJ District- Rohtas ====================================================== 1.

Kisan Singh @ Krishna Singh, aged about 40 years, Male, Son of Aadhar Singh @ Ramadhar Ram, Resident of Village - Lalaatami, P.S.- Nasriganj, District - Rohtas at Sasaram.

2.

Vijay Singh @ Vinay Singh @ Vinay Ram, aged about 36 years, Male, Son of Aadhar Singh @ Ramadhar Ram, Resident of Village - Lalaatami, P.S.- Nasriganj, District - Rohtas at Sasaram.

3.

Dinesh Singh, aged about 40 years, Male, Son of Kedar Singh, Resident of Village - Lalaatami, P.S.- Nasriganj, District - Rohtas at Sasaram. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-06-2020 Heard Mr. Raghunandan Kumar Singh, the learned counsel appearing on behalf of the petitioners and Mr. Jitendra Kumar Singh, the learned Additional P.P.

The petitioners apprehend their arrest in Nasriganj P.S. Case No.289 of 2018, registered under Sections 341, 323, 447, 308, 504 and 34 of the Indian Penal Code.

The informant named four person including the three petitioners and alleged that they all came to her Darwaza and assaulted her son, Pradeep Singh with stick causing injury on his head. Her son fell down on the ground.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.84163 of 2019(3) dt.18-06-2020 2/2 occurrence took place on 18.12.2018, but the FIR was lodged on 20.12.2018. There is a counter version being Nasriganj P.S. Case No.290 of 2018. There is land dispute between the two sides. From perusal of the injury report of Pradeep Singh (Annexure-3), it would appear that Pradeep Singh got three injuries, one is on head and other two on his forearm and arm. All injuries are superficial and simple in nature.

Considering the facts aforesaid and the fact that there appears case and counter case and both sides appear to have entered into mutual assault on each other in which the son of the informant received three simple injuries, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged 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 the learned Additional Chief Judicial Magistrate, Bikramganj, Rohtas in connection with Nasriganj P.S. Case No.289 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) S.KUMAR/- U T