Guddu Kumar @ Guddu Pratap And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36569 of 2015 Arising Out of PS.Case No. -22 Year- 2015 Thana -CHIKSAUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Guddu Kumar @ Guddu Pratap

2. Munna Kumar Both sons of Tej Singh Both resident of village - Musharhi, Police Station - Chiksaura, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-09-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and 27 of the Arms Act.

Prosecution case is that the First Information Report named accused persons including the petitioners came variously armed and surrounded the father of the informant. Co-accused Dhanesh Singh resorted to fire with pistol, causing injury on forehead and during course of treatment the victim succumbed to injury.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.36569 of 2015 (2) dt.11-09-2015 petitioners that petitioners have been roped in the present case due to land dispute between the parties as Land Dispute Case No. 97 of 2014-15 was lodged by the petitioners against the informant's family and against the order of the D.C.L.R. the appeal is pending before the learned Divisional Commissioner, Patna. Statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the fact that no overt act has been alleged against the petitioners, having no criminal antecedent and the accusation being levelled in the background of litigated relationship between the parties, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Chiksaura P.S. Case No. 22 of 2015, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T