Pradip Kumar @ Pradip Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12158 of 2022 Arising Out of PS. Case No.-274 Year-2021 Thana- BIBHUTIPUR District- Samastipur ====================================================== 1.
PRADIP KUMAR @ PRADIP KUMAR SINGH SON OF MUNSHI LAL SINGH 2.
MUNSHI LAL SINGH SON OF CHINTA MANI SINGH 3.
SUJIT KUMAR SON OF MUNSHI LAL SINGH 4.
KAILASH SINGH SON OF SIYA SARAN SINGH All are R/O VILLAGE - VIRSAHIYA, P.S. - BIBHUTIPUR, DISTRICT - SAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s :
Mr. Kalyan Shankar, A.P.P.
Mr. Bijay Bhushan Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-09-2022 Learned counsel for the petitioners seeks permission to withdraw the prayer for anticipatory bail with respect to petitioner no. 1, namely, Pradip Kumar @ Pradip Kumar Singh. Permission is accorded.
Heard learned counsel for the petitioners no. 2 to 4, the informant and learned A.P.P. for the State. Let the defect(s), if any, be removed within a period of four weeks.
The petitioners no. 2 to 4 apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 504, 506, 447, 307, 385, 354, 379 and 147 of the
Patna High Court CR. MISC. No.12158 of 2022(2) dt.13-09-2022 2/3 Indian Penal Code.
Learned counsel for the petitioners no. 2 to 4 submits that petitioners no. 2 to 4 are persons with clean antecedent. The informant alleges that 15 named accused persons on 23.07.2021 came to his house variously armed and started abusing for non-payment of extortion money to which the informant objected, on which on the order of petitioner no. 2, Pradip Kumar assaulted the son of the informant with farsa causing injury on the head and when the informant went to save him petitioner no. 3 assaulted the informant with farsa causing injury beside his left eye, Mithilesh Kumar Singh assaulted the wife of the informant and dashed her on the ground and disrobed her, petitioner no. 4 snatched gold chain worth Rs.60,000/- from the wife of the informant and also took out Rs.5,000/- from the pocket of the informant. It is alleged that the accused persons thereafter fled away when villagers gathered and the injured were taken to the hospital.
Learned counsel for the petitioners no. 2 to 4 submits that admittedly on account of land dispute, the present occurrence took place and the injury suffered by the injured is simple in nature except one injury which was caused by Pradip Kumar to the son of the informant. He further submits that
Patna High Court CR. MISC. No.12158 of 2022(2) dt.13-09-2022 3/3 petitioner no. 2 is a senior citizen, aged about 70 years. Learned A.P.P. for the State and the informant opposed the prayer for anticipatory bail of the petitioners no. 2 to 4 but are not able to meet the submission of the learned counsel for the petitioners no. 2 to 4 that the injury suffered by the injured is simple in nature and the allegation of snatching is ornamental.
Considering the submissions made by the learned counsel for the petitioners no. 2 to 4 , the petitioners no. 2 to 4 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 court below where the case is pending/successor court in connection with Bibhutipur P.S. Case No. 274 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T