Kamal Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22035 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- ALOULI District- Khagaria ====================================================== 1.

Kamal Raj Kumar Son of Harihar Prasad Verma Resident of Village-Raun, P.S.-Alauli, District-Khagaria.

2.

Rishiraj Kumar @ Rishu Ranjan Kumar Son of Harihar Prasad Verma Resident of Village-Raun, P.S.-Alauli, District-Khagaria. 3.

Suresh Mahto Son of Late Chhotelal Mahto, Resident of Village-Raun, P.S.- Alauli, District-Khagaria.

4.

Harihar Prasad Verma, Son of Late Shivdhari Mahto Resident of VillageRaun, P.S.-Alauli, District-Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 19-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in connection with Alauli P.S. Case No. 11 of 2019 registered for the offence punishable under Sections 147, 148, 341, 323, 307 and 504 of the Indian Penal Code.

Over row of raising wall on the property in question, on the exhortation of petitioner Harihar Prasad Verma, Birbal Yadav resorted firing upon the informant which hit on the palm of his uncle, namely, Narayan Singh.

It is submitted by learned counsel for the petitioners that the petitioners have no concern with the aforesaid

Patna High Court CR. MISC. No.22035 of 2019(3) dt.19-06-2019 2/2 occurrence. Petitioners have been falsely implicated in this case. As a matter of fact, the property in question is belonging to the petitioners and prosecution party were demanding extortion to allow them to raise wall on the said land, in the meantime, Sanjay Kumar Mahto of the prosecution side resorted firing which hit on the palm of Narayan Singh. Petitioner does not happen to be assailant. There is case and counter case and land dispute between the parties. Petitioner has no criminal antecedent.

On the other hand, learned APP opposed the bail prayer of the petitioners.

In the facts and circumstances of the case, 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 six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M. Khagaria in connection with Alauli P.S. Case No. 11 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) rohit/- U T