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Patna High Court - Orders

Godhan Singh & Anr vs The State Of Bihar on 6 October, 2018

Author: Hemant Kumar Srivastava

Bench: Hemant Kumar Srivastava

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.60509 of 2018
                    Arising Out of PS.Case No. -202 Year- 2018 Thana -BIKRAMGANJ District- SASARAM
                                                          (ROHTAS)
                 ======================================================
                 1. Godhan Singh, S/o Late Daroga Singh,
                 2. Raju Singh @ Raju Kumar S/o Tribhuwan Singh.
                    Both are the R/o Vill.- Dharupur, P.S.- Bikramganj, District- Rohtas.

                                                                               .... ....   Petitioners
                                                       Versus
                 The State of Bihar

                                                                .... .... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Dhaneshwar Prasad Gupta, Adv.
                 For the Opposite Party/s  : Mr. Ajay Kumar -1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
                 SRIVASTAVA
                 ORAL ORDER

2   06-10-2018

Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Bikramganj P. S. Case No. 202 of 2018 registered for the offences punishable under Sections 148, 149, 341, 323, 307, 324, 379 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner no. 1 is said to have given gadasa blow causing head injury to the informant but Annexure 2 to this petition goes to show that the informant sustained simple injury on his head said to be caused by hard and blunt substance. Moreover, there is case and counter case between the parties and one person, Patna High Court Cr.M isc. No.60509 of 2018 (2) dt.06-10-2018 2/2 namely, Om Narayan is also said to have sustained injury in the alleged occurrence. So far as petitioner no. 2 is concerned, there is allegation of firing against him but admittedly, none has sustained any firearm injury.

Moreover, learned counsel for the petitioners informs that there is land dispute between the parties and title suit is pending.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, above named, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bikramganj, Rohtas in Bikramganj P. S. Case No. 202 of 2018 subject to conditions as laid down under Section 438(2) of the Cr. P. C. (Hemant Kumar Srivastava, J) SHAHZAD/- Rajeev U T