Pawan Kumar And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37648 of 2014 Arising Out of PS.Case No. -52 Year- 2014 Thana -GURARU District- GAYA ====================================================== Pawan Kumar & Anr.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-03-2015 As prayed for, learned counsel for the petitioner no. 1 seeks permission to withdraw the anticipatory bail petition of Pawan Kumar, petitioner no. 1, as he has already been arrested. Accordingly anticipatory bail petition of petitioner no. 1 is dismissed as withdrawn.

Heard both sides.

The petitioner apprehends his arrest in Guraru P.S. Case No. 52 of 2014, registered for the offences punishable under Section 354 and other Sections of the Indian Penal Code. The informant named the petitioner and alleged that on account of land dispute, the petitioner and another accused persons

Patna High Court Cr.Misc. No.37648 of 2014 (2) dt.19-03-2015 2/2 pelted stones and also assaulted the informant. It is submitted that there is a counter version being Guraru P.S. Case No. 53 of 2014. Ther is no specific allegation of assault against the petitioner. Other accused persons have already been granted bail. It appears that on account of land dispute, both the parties quarreled with each other for which there is a case and counter case. No specific role of assault is made against the petitioner. Considering the facts aforesaid the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Gaya in connection with Guraru P.S. Case No. 52 of 2014 subject to the conditions as laid down under Section 438(2) of the Cr.P.C..

(Prabhat Kumar Jha, J) sushma/- U