Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10326 of 2023 Arising Out of PS. Case No.-168 Year-2021 Thana- BELAGANJ District- Gaya ====================================================== 1.

Amarjeet Kumar Son of Siya Saran Yadav, 2.

Siya Saran Yadav Son of Late Chandar Yadav Both Resident of Village- Panari, P.S.- Belaganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar, Advocate For the Opposite Party/s :

Ms.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-03-2023 Heard learned counsel for the petitioners and the learned APP for the State.

Petitioners seek regular bail in connection with Belaganj P.S. Case No. 168 of 2021 registered for the offences punishable under Sections 147, 149, 341, 323, 504 and 302 of the Indian Penal Code.

As per the prosecution, the informant alleged that both the petitioners with their accomplices arrived at the alleged place and thereafter abused and assaulted the informant and his family members over a land dispute and in the alleged assault the informant's father died.

The main submissions advanced by the learned counsel for the petitioners are that in the FIR altogether 24 persons including the petitioners have been named as accused,

Patna High Court CR. MISC. No.10326 of 2023(2) dt.16-03-2023 2/2 against the petitioners who are father and son, there is no specific allegation and any specific overt act of the petitioners in the alleged occurrence has not been revealed and admittedly, land dispute was running in between both the parties when the alleged occurrence took place and the said land dispute is stated to be the genesis of the occurrence. Further submission is that out of the twenty-four named accused persons, five have been granted bail by a co-ordinate Bench of this court vide order passed in Cr. Misc. 51878 of 2021 and Cr. Misc. No. 61563 of 2021 and both the petitioners have fair and clean antecedent. Learned APP appearing for the State has opposed the bail prayer.

In view of the facts as stated above, in the opinion of this court, the petitioners deserve to a lenient approach of this court. Accordingly, let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Belaganj P.S. Case No. 168 of 2021.

(Shailendra Singh, J) Rajiv/- U T