Uday Verma @ Uday Kumar Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23249 of 2019 Arising Out of PS. Case No.-21 Year-2019 Thana- GURUA District- Gaya ====================================================== 1.
Uday Verma @ Uday Kumar Verma Son of Late Jagdish Bhagat Resident of Village- Bharaundha, P.S.- Gurua, District- Gaya. 2.
Vijay Verma @ Vijay Kumar Verma Son of Late Jagdish Bhagat Resident of Village- Bharaundha, P.S.- Gurua, District- Gaya. 3.
Raj Kumar Verma Son of Late Jagdish Bhagat Resident of VillageBharaundha, P.S.- Gurua, District- Gaya. 4.
Hirday Verma @ Hriday Kumar Verma Son of Late Jagdish Bhagat Resident of Village- Bharaundha, P.S.- Gurua, District- Gaya. 5.
Krishna Kumar @ Krishna Kumar Verma Son of Raj Kumar Verma Resident of Village- Bharaundha, P.S.- Gurua, District- Gaya. 6.
Suraj Kumar @ Suraj Kumar Verma Son of Uday Kumar Verma Resident of Village- Bharaundha, P.S.- Gurua, District- Gaya. 7.
Babloo Kumar @ Saurav Kumar Son of Vijay Kumar Malakar Resident of Village- Bharaundha, P.S.- Gurua, District- Gaya. 8.
Shankar Kumar @ Shankar Kumar Verma Son of Raj Kumar Verma Resident of Village- Bharaundha, P.S.- Gurua, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Manish Kumar No2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-07-2019 Heard learned counsel for the petitioners and learned APP representing the State.
The petitioners in the present case are seeking anticipatory bail in connection with Gurua P.S. Case No. 21 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 452, 427, 379, 504 and 506 of the
Patna High Court CR. MISC. No.23249 of 2019(3) dt.23-07-2019 2/3 of the Indian Penal Code.
Learned counsel for the petitioners submits that earlier on the same set of allegations one FIR being Gurua P.S. Case No.15 of 2019 was lodged by the informant in which petitioners have been granted anticipatory bail by learned Sessions Judge, Gaya in ABP No.511 of 2019 on 18.02.2019. It is submitted that immediately after the alleged occurrence on 25.01.2019 in which the petitioners have been granted anticipatory bail, the present FIR came to be lodged on 07.02.2019 in which almost identical allegations have been made by the informant.
It is further submitted that on a bare perusal of the FIR it would appear that there are general and omnibus allegations against all the petitioners. There is no specific allegation that who had assaulted the informant's side and further the injuries allegedly caused have been found to be simple in nature. It is further submitted that the petitioner no.3 has lodged one FIR being Gurua P.S. Case No.22 of 2019 against the informant's side which is Annexure-4 to the present application. The daughter-in-law of petitioner no.3 has also lodged Gurua P.S. Case No.76 of 2018 against the informant's side.
Patna High Court CR. MISC. No.23249 of 2019(3) dt.23-07-2019 3/3 Learned APP for the State has though opposed the prayer for anticipatory bail, however, on perusal of the case diary he submits that there is a land dispute between the parties as the petitioners are claiming to be the land owners and the informant's side claim that they have purchased the land from the aunt of the petitioner nos.1 to 4.
Considering the facts and circumstances of the case, nature of the allegations, case and counter case and that there is no specific allegation against the petitioners and the injuries are said to be simple in nature, let the petitioners above named in the event of their arrest or surrender in connection with Gurua P.S. Case No. 21 of 2019 within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sherghati, Gaya, subject to the condition as laid down under Section 438 (2) Cr.P.C.
(Rajeev Ranjan Prasad, J) arvind/- U T