Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30175 of 2021 Arising Out of PS. Case No.-152 Year-2020 Thana- BEERPUR District- Begusarai ====================================================== 1.

Chandan Kumar 2.

Chetan Kumar 3.

Lalit Yadav All Sons of Late Ram Sagar Yadav Resident of Village - Hamodih, P.S. - Birpur, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suneil Kumar Thakur For the Opposite Party/s :

Mr.Pramod Kr. Pandey, A P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-08-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioners and the State. The petitioners pray for grant of bail in a case registered for the offence punishable under sections 307, 324, 504, 506 and other allied sections of the Indian Penal Code. As per prosecution case, on 17.11.2020 at 7 a.m., son of the informant was talking about the measurement of his land, his neighbours Ramjapo Yadav and Rambali Yadav came there with sword and farsa in their hand and asked the son of the informant not to get his land measured and upon the objection raised by him, they started assaulting him and on Hulla, all

Patna High Court CR. MISC. No.30175 of 2021(2) dt.13-08-2021 2/3 accused persons including petitioners came from their house with sword, Khanti and Danta in their respective hands and started assaulting son of the informant-Raj Kumar Yadav and daughter-in-law- Rekha as a result of which left hand of son of the informant got amputated and Rekha got cut injury of the sword.

It is submitted on behalf of petitioners that alleged occurrence took place due to land dispute. There is case and counter case. It is further submitted that injury report of the injured does not support the allegation levelled in the FIR and petitioners are in custody since 18.11.2020. Investigation is complete.

Learned counsel for the State opposes the prayer for bail.

Considering the period of custody and the fact that alleged occurrence took place due to land dispute, this bail application is allowed. Let the petitioners above named be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate VI, Begusarai in Birpur P.S. Case no. 152/2020 on the following conditions.

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and

Patna High Court CR. MISC. No.30175 of 2021(2) dt.13-08-2021 3/3 shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be canceled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) s.hassan/- U T