Shippi @ Gulshan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7212 of 2024 Arising Out of PS. Case No.-254 Year-2023 Thana- MANSI District- Khagaria ====================================================== 1.
Shippi @ Gulshan Kumar S/o Munna Mandal R/o Vill - Saidpur, P.S. - Mansi, Dist. - Khagaria 2.
Mahawati Devi W/o Munna Mandal R/o Vill - Saidpur, P.S. - Mansi, Dist. - Khagaria 3.
Munna Mandal S/o Police Mandal R/o Vill - Saidpur, P.S. - Mansi, Dist. - Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Singh For the Opposite Party/s :
Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-02-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Mansi Police Station Case No. 254 of 2023, disclosing offences under Sections 447, 448, 307, 354A, 379, 34 of the Indian Penal Code.
3. As per the First Information Report, on 18.08.2023 in the morning, the petitioners with three others, entered into the house of the informant and broken his head by means of brick. The petitioner No. 1 and the other accused persons snatched the money, gold and silver from the household.
Patna High Court CR. MISC. No.7212 of 2024(2) dt.22-02-2024 2/3
4. Learned Counsel for the petitioners submits that both the parties are agnates and there is land dispute between them. The allegation against the petitioners are general and omnibus in nature. The informant has received only one injury which has been said to be grievous. He next submits that except on the head, the informant is not having any injury on the other part of the body. The FIR has been lodged with concocted story and the informant must have sustained injury in some other incident.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are agnates, there is land dispute between them and the allegation against the petitioners is general and omnibus in nature, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, Shippi @ Gulshan Kumar, Mahawati Devi, Munna Mandal , in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.7212 of 2024(2) dt.22-02-2024 3/3 Khagaria, in connection with Mansi Police Station Case No. 254 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T