Bumbum Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6465 of 2024 Arising Out of PS. Case No.-159 Year-2023 Thana- BEERPUR District- Begusarai ====================================================== BUMBUM DAS Son of Ram Charitra Das Resident of Village-Badhara, Ward No. 05, Police Station-Birpur, District-Begusarai. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yogesh Kumar For the Opposite Party/s :
Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-02-2024
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Birpur P.S. Case No. 159 of 2023 dated 15.09.2023 registered under Sections 147, 149, 323, 324, 307, 504, 506 of the I.P.C.
3. As per the First Information Report the petitioner along with other accused persons arrived at the door of the informant abused him and his family members and assaulted the informant by means of knife on his head. Other accused persons assaulted the informant on his head with iron rod and other weapons.
4. Learned counsel for the petitioner submits that both the parties are agnates and there is land dispute between them. A counter case has been lodged by the side of the petitioner bearing Birpur P.S. Case No. 160 of 2023 under Section 307 I.P.C. and other allied Sections against the informant and others. Referring to Annexure - P/2 learned counsel submits that injury
Patna High Court CR. MISC. No.6465 of 2024(2) dt.20-02-2024 2/2 report of the informant shows that injuries caused to him are simple in nature caused by hard and blunt substance whereas allegation against the petitioner is that he assaulted the informant by means of knife, which is a sharp cutting weapon.
5. Regard being had to the submission made by the parties, taking into consideration the fact that injuries caused to the informant are simple in nature, both the parties are agnates, there is land dispute between them and case and counter case is also there between the parties, as such, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri R.K. Gaurav, Judicial Magistrate -Ist-cum-A.M., Begusarai in connection with Birpur P.S. Case No. 159 of 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. praful/- (Anil Kumar Sinha, J) U T