Manjeet Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33255 of 2015 Arising Out of PS.Case No. -87 Year- 2015 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ======================================================

1. Manjeet Kumar

2. Sanjeet Kumar Both sons of Jang Bahadur Singh @ Jang Bahadur Paswan and resident of Mohalla - Naraliganj, P.S. Bihar, Distt. - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Samir Kumar Sinha, Advocate For the Opposite Party/s : Mr. Zainul Abedin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-08-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 149, 324, 341, 379 of the Indian Penal Code and 27 of the Arms Act. The prosecution case is that the accused persons were fixing bamboo on the land of the informant on protest being made co-accused Rajesh Kumar ordered to fire then co-accused Rajnish Kumar caused firearm injury on the right arm of the informant when his cousin namely, Chhotu Kumar came to rescue coaccused Santosh Kumar caused injury by pistol on his left shoulder. It is further alleged that these petitioners also resorted

Patna High Court Cr.Misc. No.33255 of 2015 (2) dt.26-08-2015 2/2 to fire. The accused persons also snatched Rs. 500/- from the pocket of the informant and took away gold chain from Chhotu Kumar.

It is submitted by learned counsel for the petitioners that the land belonging to the petitioners' side was forcibly claimed by the informant's side. There is counter version of the occurrence also. Admittedly, the firing resorted by these petitioners did not hit anyone. It is not indicated in the FIR as to whether the firing made by petitioners caused any injury to anyone. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda in connection with Bihar P.S. Case No.87 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T