Karmu Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27142 of 2021 Arising Out of PS. Case No.-91 Year-2020 Thana- GOH District- Aurangabad ====================================================== 1.

KARMU BIND Son of Lochan Bind @ Ram Lochan Bind Resident of Village - Dullah Bigha, P.S. - Goh, District - Aurangabad. 2.

Pritam Bind @ Pritam Kumar Bind Son of Sanjay Bind Resident of Village - Dullah Bigha, P.S. - Goh, District - Aurangabad. 3.

Madan Bind @ Nand Kumar Bind @ Nandan kumar Bind @ Nandan Bind Son of Ajay Bind Resident of Village - Dullah Bigha, P.S. - Goh, District - Aurangabad.

4.

Sanju Devi Wife of Raj Kumar Bind Resident of Village - Dullah Bigha, P.S. - Goh, District - Aurangabad.

5.

Raviranjan Bind @ Raviranjan Kumar Bind Son of Sanjay Bind Resident of Village - Dullah Bigha, P.S. - Goh, District - Aurangabad. 6.

Amrit Ranjan Bind son of Sanjay Bind Resident of Village - Dullah Bigha, P.S. - Goh, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Pandey For the Opposite Party/s :

Mr. AAP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been

Patna High Court CR. MISC. No.27142 of 2021(2) dt.29-01-2022 2/3 filed by the petitioners apprehending their arrest in connection with Goh P.S. Case no. 91 of 2020 instituted for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 307 and 504 of the Indian Penal Code.

As per allegation in the FIR, while he objected the construction work which was going on, on his field, some accused persons including the petitioners came there and abused and assaulted the informant. Co-accused Rahul Bind has assaulted with iron rod on his head, resulting into head injury. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. General and omnibus allegations have been levelled against the petitioners. Specific allegation of assault is against co-accused Rahul Bind. The matter relates to land dispute. There is case and counter case. Both parties have sustained injuries.

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

Patna High Court CR. MISC. No.27142 of 2021(2) dt.29-01-2022 3/3 period of four weeks from today and in the event of their arrest or surrender in connection with Goh P.S. Case no. 91 of 2020, they will be enlarged 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 SDJM, Daudnagar, Aurangabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U