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Patna High Court - Orders

Dinesh Singh & Anr vs The State Of Bihar on 12 January, 2016

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.1453 of 2016
                        Arising Out of PS.Case No. -112 Year- 2015 Thana -SARE District- NALANDA
                                                     (BIHARSHARIFF)
                 ======================================================
                 1. Dinesh Singh S/o Late Kishori Singh
                 2. Niwas Singh S/o Late Kali Singh
                   Both resident of village- Sare, P.S. Sare, District- Nalanda

                                                                                .... ....   Petitioner/s
                                                       Versus
                 1. The State of Bihar

                                                                 .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :  Mr. Raj Bansh Dubey, Advocate
                 For the Opposite Party/s   : Mr. Madhuranand Jha (App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
                 SINGH
                 ORAL ORDER

2   12-01-2016

Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 188, 307, 504 of the Indian Penal Code and 27 of the Arms Act.

It is alleged by the informant that being candidate of a political party of Bihar Assembly Election, he visited Booth No. 167, at Middle School, Sare. On the date of polling, the accused persons surrounded and assaulted him, as a result the informant and other received injuries. The accused persons resorted to fire, but did not cause any injury to the informant.

It is submitted by the learned counsel for the Patna High Court Cr.Misc. No.1453 of 2016 (2) dt.12-01-2016 2 petitioners that due to political dispute on the date of polling the candidate filed case against each other, when Chhotelal Yadav lodged Sare P.S. Case No. 113 of 2015 against present informant. Accusation is against mob. Injury also found to be simple in nature. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Nalanda at Biharsharif in connection with Sare P.S. Case No. 112 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./-

  U         T