Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14975 of 2024 Arising Out of PS. Case No.-124 Year-2023 Thana- PARWALPUR District- Nalanda ====================================================== 1.

Sudhir Kumar SON OF Ramashray Prasad RESIDENT OF VILLAGEVIJAY PURA, PS- PARWALPUR, DIST- NALANDA 2.

BAIJU KUMAR SON OF RAMASHRAY PRASAD RESIDENT OF VILLAGE- VIJAY PURA, PS- PARWALPUR, DIST- NALANDA 3.

DILIP KUMAR SON OF RAMASHRAY PRASAD RESIDENT OF VILLAGE- VIJAY PURA, PS- PARWALPUR, DIST- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. This case has been listed under the heading "To Be Mentioned" at the instance of the office.

3. Learned counsel for the petitioners seek permission to withdraw the present anticipatory bail application with respect to the petitioner no. 2 because he has already been arrested during the pendency of the application.

4. Permission is accorded.

5. Accordingly, the present anticipatory bail application is dismissed as withdrawn with respect to the

Patna High Court CR. MISC. No.14975 of 2024(2) dt.11-03-2024 2/3 petitioner no. 2.

6. The petitioners apprehend their arrest in connection with Parwalpur P.S. Case No. 124 of 2023, registered for the offences punishable under sections 147, 148, 149, 341, 323, 448, 379, 354, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

7. As per prosecution case, the accused persons got tractor entered in the paddy field of the informant and on being protested, the accused persons having been armed with weapons reached to the house of the informant and opened fire. The accused persons also snatched some ornaments and cash.

8. Learned counsel for the petitioners submitted that petitioners are falsely been implicated in the present case. The petitioners have one criminal antecedent as stated in Para 3 of the bail petition. There is a case and counter case between both the parties. None has suffered any kind of injuries mentioned in para 8 of the petition. There is land dispute between both the parties. Similarly situated co-accused persons have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 17.02.2024 passed in Cr. Misc. No. 6033 of 2024.

9. Learned APP for the State has vehemently opposed the prayer of anticipatory bail of the petitioners.

Patna High Court CR. MISC. No.14975 of 2024(2) dt.11-03-2024 3/3

10. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation is general and omnibus against the petitioners, let the above named petitioners no. 1 and 3, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Hilsa, Nalanda in connection with Parwalpur P.S. Case No. 124 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

11. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T