Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8399 of 2024 Arising Out of PS. Case No.-439 Year-2023 Thana- ISLAMPUR District- Nalanda ====================================================== 1.

Suraj Kumar, S/o Anil Singh, R/o Village - Kobil, P.S. - Islampur, Dist. - Nalanda 2.

Santosh Singh, S/o Birendra Singh, R/o Village - Kobil, P.S. - Islampur, Dist. - Nalanda 3.

Anil singh, S/o Tapeshwar Singh, R/o Village - Kobil, P.S. - Islampur, Dist. - Nalanda ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nawal Singh, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Islampur P.S. Case No. 439 of 2023 registered for the offences punishable under Sections 323, 341, 325, 307, 379, 504 and 506/34 of the Indian Penal Code.

3. Allegation against the petitioners is that they have assaulted the informant and her son and husband with iron rod and lathi due to which they have sustained injuries.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. There is case and counter case between the parties. Petitioners are patidars and there is property dispute between

Patna High Court CR. MISC. No.8399 of 2024(2) dt.23-02-2024 2/2 them. It is further submitted that an altercation took place between the parties in which both the parties sustained injuries. The FIR in the present has been lodged after delay of three days without any reason. Petitioners have no criminal antecedent and undertake to cooperate in the investigation.

5. Learned APP opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Islampur No. 439 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Sunil Dutta Mishra, J) khushbu/- U T