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Patna High CourtCR. MISC./12760/2024bail granted

Ram Pravesh Kumar @ Ram Pravesh v. The State Of Bihar

2024-03-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12760 of 2024 Arising Out of PS. Case No.-1177 Year-2022 Thana- KANKARBAG District- Patna ====================================================== 1.

Ram Pravesh Kumar @ Ram Pravesh S/o Avdhesh Singh R/o Village Malpur, P.S Khusrupur, Dist. Patna 2.

Santosh Kumar Son of Vijay Singh R/o Choti Kali Sthan, Chakhusain, P.S. - Khusrupur, Distt. - Patna 3.

Shambhu Kumar Son of Arun Prasad Singh R/o vill - Chainpur, P.S. - Khusrupur, Distt. - Patna 4.

Sunny Kumar Son of Kapindra Kumar @ Late Kapindar Singh R/o vill - Champapur, P.s. - Bakhtiyarpur, Distt. - Patna ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Vijay Anand, Advocate For the Opposite Party :

Mr.Bharat Bhushan, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-03-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 447, 307, 120B and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, all the FIR named accused persons including these petitioners came to the house of the informant and assaulted the informant and also made indiscriminate firing.

4. It is submitted on behalf of the petitioners that

Patna High Court CR. MISC. No.12760 of 2024(2) dt.12-03-2024 2/2 cause of incident is enmity between the parties due to previous land dispute. In the FIR, there is allegation of firing but in the case no one has sustained any fire arm injury. Allegation of assault is general and omnibus and no specific overt act has been alleged against them.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Patna in Kankarbagh Police Station Case No. 1177 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T