SHEOCHANDRA SINGH AND OTHERS Vs. STATE

JUDGEMENT

(1.) Heard the parties. Petitioners apprehend their arrest in a case under sections 448, 341, 323, 307, and 504/34 of the Penal Code on the allegation that they assaulted the informant and others with Farsa, Lathi etc. on account of some land dispute.

(2.) It is submitted on behalf of the petitioners that the informant and his son got simple injuries and the police during investigation found the case to be true only under bailable sections of the Penal Code and as such granted bail to the petitioners and submitted charge-sheet under sections 341, 323, 504 of the Penal Code, however, learned Magistrate took cognizance of the offence also under section 307 of the Penal Code which is non bailable and issued summons to the accused petitioners for appearance. Learned Counsel for the petitioners submitted that there is a counter version of the occurrence also reported to the police by petitioner namely, Shivchandra Singh on 26.12.2000 is Sadar Hospital, Hajipur which led to registration of Hazipur P. S. Case No. 273 of 2000 under sections 325, 307 and 379 of the Penal Code. In the counter case it is alleged that the prosecution side came armed with Farsa and country made pistol and assaulted petitioner No. 1 by Farsa on his head. They also assaulted his wife. In the counter case filed by the petitioner charge-sheet was submitted and cognizance was also taken.

(3.) It appears that the petitioners twice moved the learned Sessions Judge for anticipatory bail which were rejected, (sic) vain. He submits that this case is covered by a decisions of this Court held in the case of Mahendra Prasad Singh Vs. The State of Bihar, 2004 (3) PWR 491 . Learned Counsel further submits that the impugned order would show that no summons was served upon them and there is nothing on record of the case to show that the same was served upon them.