Savera Kumar @ Savera Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38087 of 2018 Arising Out of PS. Case No.-20 Year-2018 Thana- MARANCHI District- Patna ======================================================

1. Savera Kumar @ Savera Singh, S/o- Sanjeev Kumar,

2. Himanshu @ Dabang, S/o- Babloo Singh, Both Residents of Village- Nauranga, P.S. Maranchi (Pchmahla O.P.), DistrictPatna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parmod Kumar For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-07-2018 It is submitted that petitioner no.2 has been arrested, hence his application for anticipatory bail has become infructuous.

Accordingly, the application with regard to petitioner no.2 is dismissed as infructuous.

Heard learned counsels for the petitioners and State. The petitioner no.1 is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 307 and 504/34 of the IPC and Section 27 of the Arms Act. The prosecution case, as per the written report of Bharat Kumar, dated 13.03.2018, submitted to the Station House

Patna High Court Cr.Misc. No.38087 of 2018(3) dt.12-07-2018 2/3 Officer, Maranchi Police Station, is to the effect that on the same day the informant along with Amit Sahni and Feko Sahni went to his land, situated on the embankment of Ganga river, for fishing, in the meantime, both the petitioners came and resorted to fire and thereby prevented the informant from fishing. It is submitted by learned counsel for the petitioner that no sign of firing, particularly, no used cartridges were recovered from the place of occurrence and in the background of land dispute, the present accusation has been levelled. It is further submitted that though, petitioner no.1 has been involved in another case also but a supplementary affidavit has been filed to the effect that in that case, he is on bail.

It is submitted by learned APP that the petitioner no.1 is named in the FIR with specific accusation.

Considering the nature of accusation and the fact that admittedly, no injury has been caused to anyone, let the above named petitioner no.1 be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-cum-Sub-Judge-IV Barh, District Patna in connection with Maranchi P.S. Case No.

Patna High Court Cr.Misc. No.38087 of 2018(3) dt.12-07-2018 3/3 20 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T