Satyam Kumar @ Satyam Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85648 of 2019 Arising Out of PS. Case No.-566 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== 1.
Satyam Kumar @ Satyam Kumar Singh, aged about 21 years, Male, son of Ram Pukar Singh 2.
Ram Pukar Singh, aged about 54 years, Male, son of Late Kamleshwar Singh @ Kamleshwar Prasad Singh 3.
Ram Ashish Singh, aged about 50 years, Male, son of Late Kamleshwar Singh @ Kamleshwar Prasad Singh 4.
Keshaw Kumar Singh @ Keshav Kumar, aged about 18 years, Male, son of Ram Pukar Singh All 4 are resident of village - Olapur Gangaur, P.S.- Khagaria (Gangaur), District - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anirudh Kumar Sinha For the Opposite Party/s :
Mr.Shantanu Kumar For the informant :
Mr. Vivekanand Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-02-2020 Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State and learned counsel appearing for the informant.
Petitioners apprehend their arrest in connection with Khagaria (Gangaur) P.S. Case No. 566 of 2019 registered for the offences punishable under Sections 341/323/324/506/307/34 of the Indian Penal Code, 1860.
The allegation against the petitioners as per the First Information Report is that the petitioner no. 1 assaulted the
Patna High Court CR. MISC. No.85648 of 2019(2) dt.18-02-2020 2/3 informant by fist and slap. Petitioner no. 2 is the order giver. Petitioner no. 3 assaulted the informant by means of iron rod and petitioner no. 4 wrapped a gamachcha around the neck of the informant and tried to get him down.
Learned counsel appearing for the petitioners submits that both the parties are co-villagers and there is dispute between them in connection with construction of road which the side of the informant tried to construct on the land of the petitioners. Learned counsel further submits that injuries caused to the informant are simple in nature, except injury no. 1 on the head of the informant, which has not been caused by these petitioners.
On the other hand, Mr. Vivekanand Singh, learned counsel appearing for the informant vehemently opposes the prayer for anticipatory bail and submits that petitioners along with other accused persons have caused injuries upon the informant and one of the injuries is grievous in nature caused by the co -accused Tanuj Kumar Singh.
After having heard learned counsel for the parties and taking into consideration the fact that the injuries caused by the petitioners are not grievous in nature, both the parties are covillagers and there is dispute relating to construction of road in
Patna High Court CR. MISC. No.85648 of 2019(2) dt.18-02-2020 3/3 the village, I am inclined to grant anticipatory bail to the petitioners.
Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks from the date of receipt of a copy of this order, be released on anticipatory 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 Additional Chief Judicial Magistrate, III Khagaria in connection with Khagaria (Gangaur) P.S. Case No. 566 of 2019, subject to the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure.
(Anil Kumar Sinha, J) praful/- U T