Anil Kumar And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8735 of 2016 Arising Out of PS.Case No. -593 Year- 2015 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ======================================================

1. Anil Kumar Son of Murlidhar Sah

2. Anup kumar@Ronu kumar!@Ronu son of Om Prakash Sah Both Resident of Village New Diliya ward no. 20, P.s Dehri town District Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-02-2016 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 427, 307 of the Indian Penal Code.

The prosecution case is that the accused persons being neighbour of the informant came with armed while he was constructing boundary wall. On protest petitioner no. 1, Anil Kumar assaulted on the head of the informant with iron rod. When the son of the informant Ajit Kumar came to rescue then he was assaulted by petitioner no. 2 Anup Kumar @ Ronu Kumar @ Ronu by lathi. Petitioner no. 1 also snatched gold chain.

Patna High Court Cr.Misc. No.8735 of 2016 (2) dt.24-02-2016 It is submitted by the learned counsel for the petitioners that both the informant and his son received simple injuries. In fact, the informant's side was constructing boundary wall, on the purchase land of the petitioners, on protest being raised they assaulted the petitioners' side, leading to registration of Dehri (T) P.S. Case No. 594 of 2015 with accusation under Sections 341, 323, 379/34 of the Indian Penal Code. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the accusation in the background of land dispute, there is counter version of the occurrence and the injuries have been found to be simple in nature, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas in connection with Dehri (Town) P.S. Case No. 593 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T