Atul Ranjan Kumar @ Deepu Kumar @ Deepu Singh @ Atul Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23458 of 2023 Arising Out of PS. Case No.-14 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.
ATUL RANJAN KUMAR @ DEEPU KUMAR @ DEEPU SINGH @ ATUL SINGH Son of Hari Narayan Singh Resident of village-Chatiya, P.S.- Govindganj (Malahi), District-East Champaran 2.
RAVI RANJAN KUMAR @ RAVI SINGH Son of Bhupendra Narayan Singh @ Anil Singh Resident of village-Chatiya, P.S.-Govindganj (Malahi), District-East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Rathore@ Kundan Kumar, Advocate For the Opposite Party/s :
Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-06-2023 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Govindganj (Malahi) PS case no. 14 of 2022, registered for the offences punishable under Section 354 and other allied sections of the Indian Penal Code. The allegation is regarding the accused persons having assaulted the informant and her son Mithun Kumar by garasa, resulting in them receiving injuries. It is also alleged that when the sister-in-law of the informant had arrived there to save them, the co-accused persons had also assaulted her. As far as the petitioners are concerned, they are alleged to have
Patna High Court CR. MISC. No.23458 of 2023(2) dt.24-06-2023 2/3 assaulted the informant on her head by iron rod. The learned counsel for the petitioners submits that the petitioners are innocent, they have been falsely implicated in the present case and are having clean antecedent. The learned counsel for the petitioners has further submitted that the petitioners have though been alleged to have assaulted the informant but the injury report of the informant would show that he has received simple injury. It is also submitted that the present case arises out of case and counter case on account of pre-existing land dispute in between the parties. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the injuries sustained by the informant, attributable to the petitioners herein, have been found to be simple in nature, apart from the fact that they are having a clean antecedent and the present cases arises out of case and counter case, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event
Patna High Court CR. MISC. No.23458 of 2023(2) dt.24-06-2023 3/3 of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran in connection with Govindganj (Malahi) PS case no. 14 of 2022, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.
(Mohit Kumar Shah, J) rinkee/- U T