Mithu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23104 of 2021 Arising Out of PS. Case No.-303 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

Mithu Kumar Son of Suresh Yadav Resident of Village - Sonbarsa, P.S.- Chautham, Distt.- Khagaria.

2.

Manoj Yadav Son of Late Ramdeo Yadav Resident of Village - Sonbarsa, P.S.- Chautham, Distt.- Khagaria.

3.

Santosh Yadav Son of Late Ramdeo Yadav Resident of Village - Sonbarsa, P.S.- Chautham, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioners :

Mr.Rajesh Kumar, Advocate For the Opposite Party :

Mr.Ajay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-01-2022 The matter is being heard through video conferencing due to circumstances prevailing on account of Covid-19 pandemic.

Heard the parties.

The petitioners apprehend their arrest in connection with Chautham P.S. Case No. 303 of 2019 registered for the offences under Sections 147, 148, 149, 341, 307, 504, 506, 427 and 385 of the Indian Penal Code and Section 27 of the Arms Act.

Though the present case arises out of a land dispute and there is no allegation of firing against the petitioners but

Patna High Court CR. MISC. No.23104 of 2021(3) dt.17-01-2022 2/2 petitioner nos. 1 and 3 have criminal antecedents and they are also accused in other cases including Section 307 of the IPC. Considering the above facts, I am not inclined to grant anticipatory bail to petitioner nos. 1 and 3, namely, Mittu Kumar and Santosh Yadav. Their prayer for anticipatory bail is hereby rejected.

So far as petitioner no.2, namely, Manoj Yadav is concerned, he has one criminal antecedent but there is no allegation of firing against him, the application for anticipatory bail is allowed.

Accordingly, let petitioner no.2, namely, Manoj Yadav, in the event of his arrest or surrender within eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-3rd, Khagaria in connection with Chautham P.S. Case No. 303 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sandeep Kumar, J) BT/- U T