Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23289 of 2022 Arising Out of PS. Case No.-816 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== PRAMOD KUMAR SON OF YUGESHWAR RAI RESIDENT OF VILLAGE- AKOPUR, P.S.- PHULWRISHARIF, (JANIPUR), DISTRICTPATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh Mr.Amit Kumar Anand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner, counsel for the informant and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under section 341, 323, 304, 447, 504, 34 of the IPC.

Allegedly, the petitioner and others assaulted the informant and his father by means of several weapons due to which they sustained injuries.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.23289 of 2022(2) dt.25-08-2022 2/3 petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. There is an admitted land dispute between the parties and both the parties are agnates. There is a title suit pending between the parties bearing title partition suit no.125 of 2015. There is no any medical prescription/injury report in the entire F.I.R. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is a land dispute between the parties and both the parties are agnates, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is

Patna High Court CR. MISC. No.23289 of 2022(2) dt.25-08-2022 3/3 pending/Successor Court in Phulwarisharif (Janipur) P.S. Case No.816 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T