Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7908 of 2024 Arising Out of PS. Case No.-45 Year-2023 Thana- MADHAURAH District- Saran ====================================================== 1.

Suraj Kumar S/O Maksudan Mahto @ Madhusudan Mahto R/O VillageAsoiyan, Marhaura, P.S- Marhaura, Distt.- Saran. 2.

Chandan Kumar S/O Jay Mangal Mahto R/O Village- Asoiyan, Marhaura, P.S- Marhaura, Distt.- Saran.

3.

Suraj Kumar S/O Jay Mangal Mahto R/O Village- Asoiyan, Marhaura, P.SMarhaura, Distt.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raushan Raj, Adv.

For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Marhaura P.S. Case No. 45 of 2023 registered for the offences punishable under Sections 147, 341, 323, 324, 307, 504, 506 of the Indian Penal Code.

3. As per prosecution case, the petitioners along with other co-accused persons have assaulted the Informant and his grand-father due to which both of them sustained injuries.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as

Patna High Court CR. MISC. No.7908 of 2024(3) dt.10-04-2024 2/3 alleged against them and have falsely been implicated in the present case. There is a case and counter case between the parties. He further submits that the allegation made against the petitioners is general and omnibus in nature. There is an admitted land dispute between the parties. The parties are covillagers. The petitioners have no criminal antecedent as has been stated in paragraph no.3 of the present bail application.

5. Learned counsel for the petitioners further submits that the co-accused Vikram Kumar has been granted bail by this Court vide order dated 01.03.2024 passed in Cr. Misc. No. 12679 of 2024.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners and taking into account the petitioners have no criminal antecedent and claim of parity, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory 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 learned

Patna High Court CR. MISC. No.7908 of 2024(3) dt.10-04-2024 3/3 court below where the case is pending/successor court in connection with Marhaura P.S. Case No. 45 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) rishi/- U T