Kishnath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83954 of 2019 Arising Out of PS. Case No.-142 Year-2019 Thana- THAWE District- Gopalganj ====================================================== 1.

KISHNATH SINGH Son of Late Ramprasad Singh Resident of Village - Deoriya, P.S.- Thawe, Distt.- Gopalganj.

2.

Nagendra Singh @ Nagendra Singh Son of Late Ramnath Singh Resident of Village - Deoriya, P.S.- Thawe, Distt.- Gopalganj. 3.

Bablu Singh Son of Balister Singh Resident of Village - Deoriya, P.S.- Thawe, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-01-2020 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Thawe P.S. Case No. 142 of 2019 for the offence registered under Sections 341, 323, 324, 307, 354 and 34 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioners herein having arrived at the land of the informant whereafter they started cutting soil from his land by the use of J.C.B. and when protest was made, the accused person, namely, Bablu Singh is stated to have inflicted knife blow on the informant and the other accused persons had also assaulted. The learned counsel for the petitioners has submitted that the petitioners have been falsely implicated in the present case

Patna High Court CR. MISC. No.83954 of 2019(3) dt.21-01-2020 2/2 and they are having clean antecedents. It is submitted that admittedly the doctor has opined about the injuries sustained by the informant and the same are stated to be simple in nature. It is further submitted that the present incident has taken place on account of pending land dispute in between the parties. Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioners coupled with the fact that the injuries sustained by the informant are simple in nature, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail.

Accordingly, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, 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 Thawe P.S. Case No. 142 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T