Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24464 of 2021 Arising Out of PS. Case No.-393 Year-2020 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

Satish Kumar, male, aged about 44 years, son of Late Mahendra Rai 2.

Upendra Kumar Sinha @ Upendra Kumar, male, aged about 45 years, son of Banshi Rai 3.

Dharmendra Kumar @ Mantu kumar @ Dharmendra Prasad, male, aged about 40 years, son of Banshi Rai All are resident of village- Dharaichak, Janipur, P.S- Phulwarisharif, DistPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar Sinha, Sr. Adv.

For the Informant :

Mr. Santosh Kumar, Adv.

For the State :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-05-2022 Heard Mr. Devendra Kumar Sinha, the learned Senior Advocate for the petitioners and Mr. Santosh Kumar, the learned counsel for the informant.

The state is represented by the learned APP.

The petitioners seek bail in anticipation of their

Patna High Court CR. MISC. No.24464 of 2021(2) dt.24-05-2022 2/3 arrest in connection with Phulwarisharif P.S. Case No. 393 of 2020, dated 19.07.2020, instituted for the offences under Sections 147, 149, 341, 323, 324 and 307 of the Indian Penal Code.

Though the petitioners are said to have taken part in the assault, but all the injuries suffered by the victims have been reported to be simple in nature.

It has been submitted on behalf of the petitioners that there is a dispute existing between the parties with respect to apportionment of agricultural land. It has further been submitted that there is a counter version of the occurrence as well, lodged by the petitioner No. 3 against the informant of the present case, his son and the grandson vide Phulwarisharif P.S. Case No. 394 of 2020. The learned counsel for the informant however has opposed the prayer for grant of anticipatory bail to the petitioners.

Regard being had to the facts afore-stated, the petitioners, in the event of their arrest or surrender before the learned Court below within a period of four weeks, are

Patna High Court CR. MISC. No.24464 of 2021(2) dt.24-05-2022 3/3 directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Patna in connection with Phulwarisharif P.S. Case No. 393 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T