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Patna High CourtCR. MISC./7508/2024allowed

Surendra Kumar v. The State Of Bihar

2024-02-19Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7508 of 2024 Arising Out of PS. Case No.-1082 Year-2021 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== SURENDRA KUMAR, Son of Late Badri Mahto, Resident of Village-Harpur Pusa, Police Station-Pusa, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with C. R. No. 1082 of 2021, T.R. No. 1224 of 2023 registered for the offences punishable under Sections 323, 341, 380 of the Indian Penal Code.

3. As per prosecution case, the petitioner and other accused persons have assaulted the informant and his family members with iron rod due to which the informant sustained injury on his head.

4. Learned counsel for the petitioner submits that petitioner is the nephew of the complainant and due to village politics, the complainant has lodged the present complaint

Patna High Court CR. MISC. No.7508 of 2024(2) dt.19-02-2024 2/2 against the petitioner. There is case and counter case between the parties on the point of land dispute. He further submits that the complaint has been filed after about two months without any plausible reason. Petitioner has no criminal antecedent.

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

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his 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) with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with C.R. No. 1082 of 2021, T.R. No. 1224 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