Satnarayan Bin @ Satyanarayan Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22902 of 2024 Arising Out of PS. Case No.-150 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== 1.

Satnarayan Bin @ Satyanarayan Bind Son Of Late Ramnath Bin Resident Of Village - Chhitani Ke Bagh, P.S. - Barahara, District - Bhojpur 2.

Jay Babu Bin @ Jay Babu Bind Son Of Late Ramnath Bin Resident Of Village - Chhitani Ke Bagh, P.S. - Barahara, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Barahara P.S. Case No. 150 of 2023, dated 15.03.2023, for the offences punishable under Sections 307, 147, 149, 341, 323, 379 of the Indian Penal Code.

3. As per prosecution case, the informant was quarrel related to a case bearing Barhara P.S. Case No. 139 of 2019, in which the petitioners and some co-accused persons were accused under section 302 of the Indian Penal Code. The coaccused, Kamlesh Bin gave a blow of iron rod on the head of the informant due to which the informant became unconscious.

Patna High Court CR. MISC. No.22902 of 2024(2) dt.20-03-2024 2/3 Later, the co-accused Dinesh Bin and Aditya Bin are said to have stole the golden chain and Mangalsutra of the informant and the other co-accused persons armed with bhala, danda and sword threatened to kill him.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have one criminal antecedent in which they are on bail as stated in para 3 of the bail petition. Learned counsel further submits that there is a land dispute between both parties and that there is also case and a counter case between both the parties. There is no specific overt act against the petitioners. The specific allegation is against the co-accused Kamlesh Bin who has assaulted the informant by means of iron rod. Similarly situated co-accused persons have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 16.10.2023 passed in Cr. Misc. No. 63322 of 2023.

5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their

Patna High Court CR. MISC. No.22902 of 2024(2) dt.20-03-2024 3/3 arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Bhojpur at Ara in connection with Barahara P.S. Case No. 150 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T