Pahlad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15457 of 2022 Arising Out of PS. Case No.-270 Year-2021 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== 1.

PAHLAD KUMAR S/o Bhulavan Paswan R/o Village- Bhagwanpur Pokhar, P.S.- Sadar, District- Muzaffarpur.

2.

Shekhar Paswan S/o Bhulavan Paswan R/o Village- Bhagwanpur Pokhar, P.S.- Sadar, District- Muzaffarpur.

3.

Lakshmi Devi W/o Bhulavan Paswan R/o Village- Bhagwanpur Pokhar, P.S.- Sadar, District- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hemant Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Sadar P.S. Case no. 270 of 2021 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 325, 307, 427, & 34 of the Indian Penal Code.

As per allegation in the FIR, several accused persons including the petitioners arrived at the house of informant armed with lathi, danda and inflicted iron rod blow on the head of informant with intention to kill him, as a result of which he received head injury. It is further alleged that petitioner no.1 namely Pahlad Kumar took Rs. 12,000/- cash from the box and fled away.

Learned counsel appearing on behalf of the petitioners has

Patna High Court CR. MISC. No.15457 of 2022(2) dt.12-09-2022 2/2 submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in the present case due to dirty village politics. There is admitted land dispute between the parties. Doctor has opined that all the three injured persons have received simple injury. Both parties are agnates. They have got no criminal antecedent.

Learned APP appearing for the state has opposed the prayer of bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Sadar P.S. Case no. 270 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judge, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/aman U