Patna High Court – Orders
Nagina Singh @ Nageena Singh vs The State Of Bihar on 19 December, 2024
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84433 of 2024
Arising Out of PS. Case No.-244 Year-2024 Thana- KATEYA District- Gopalganj
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1. Nagina Singh @ Nageena Singh S/O Late Mangal Singh Resident of
Village- Rup Poiya, Police Station- Kateya, Distrit- Gopalganj
2. Dileep Singh S/o Nagina Singh R/o vill - Rup Poiya, P.s. - Kateya, Distt.-
Gopalganj
3. Mahesh Singh S/o Nagina Singh R/o vill - Rup Poiya, P.s.- Kateya, Distt.-
Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Shashi Ranjan Kumar, Advocate
For the Opposite Party/s : Mr.Dilip Kumar No. 1, APP
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 19-12-2024
1. Heard learned Counsel for the petitioners and
learned APP for the State.
2. This application, for grant of anticipatory bail,
arises out of Kateya PS case no. 244 of 2024, disclosing
offences punishable under Section 307 and other allied sections
of the Indian Penal Code.
3. At the outset, it is pertinent to mention here that
vide order dated 18.12.2024, passed by this Court, the present
bail application is dismissed as withdrawn qua petitioner no. 1
and now, it survives only for petitioners no. 2 and 3.
4. The prosecution story, as per the First Information
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Report, is that on 23.06.2024 in the afternoon, the informant’s
brother was engaged in unloading bricks from his trolley.
Suddenly petitioner no. 2 arrived there with lathi and danda
along with petitioner no. 3. It is alleged that petitioner no. 2
assaulted informant’s mother Bachia Devi with iron rod and
petitioner no. 3 assaulted the informant’s brother with dab,
resulting in head injury.
5. Learned Counsel for the petitioners submits that
there is previous land dispute between the parties and a counter
case bearing Kateya PS Case No. 242 of 2024 has been lodged
by the side of the petitioners against the informant’s side.
Learned counsel further submits that the injuries caused to the
victim by petitioners no. 2 and 3 are simple in nature.
6. Regard being had to the submissions made on
behalf of the parties and taking into consideration the fact that
there is previous land dispute between the parties, there is case
and counter case and injuries caused to the victims are simple in
nature, I am inclined to grant the privilege of anticipatory bail to
the petitioners no. 2 and 3.
7. This application is, accordingly, allowed.
8. Let petitioners no. 2 and 3, in the event of their
arrest or surrender before the Court below within six weeks, be
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released 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 learned Chief Judicial Magistrate, Gopalganj in
connection with Kateya PS case no. 244 of 2024, subject to the
condition laid down under Section 438 (2) of the Code of
Criminal Procedure.
(Anil Kumar Sinha, J)
rinkee/-
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