Shambhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33945 of 2021 Arising Out of PS. Case No.-122 Year-2020 Thana- FATEHPUR District- Gaya ====================================================== 1.

Shambhu Kumar Son of Indradev Prasad Yadav Resident of Village Maughauli, P.S. - Fatehpur, District - Gaya.

2.

Ashok Prasad Son of Indradev Prasad Yadav Resident of Village Maughauli, P.S. - Fatehpur, District - Gaya.

3.

Sanosh Kumar Son of Indradev Prasad Yadav Resident of Village Maughauli, P.S. - Fatehpur, District - Gaya.

4.

Sintu Kumar @ Pintu Kumar Son of Indradev Prasad Yadav Resident of Village Maughauli, P.S. - Fatehpur, District - Gaya. 5.

Pushpa Devi Wife of Ashok Prasad Resident of Village Maughauli, P.S. - Fatehpur, District - Gaya.

6.

Babita Devi Daughter of Shambhu Kumar Resident of Village Maughauli, P.S. - Fatehpur, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Vikramdeo Singh, Ms. Deep Nishi, Advocates For the State :

Mr. Madan Kumar, APP For the Informant :

Mr. Krishna Pd. Singh, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-03-2022 Heard learned counsel for the petitioners, learned APP for the State and learned senior counsel for the informant. The petitioners apprehend their arrest in connection with Fatehpur P.S. Case No.122 of 2020 registered for offences under Sections 341, 323, 324, 307, 504, 506, 427 and 147 of the Indian Penal Code.

At the very outset, learned counsel for the petitioners seeks permission to withdraw the application on behalf of petitioner no. 1, namely, Shambhu Kumar.

Permission is accorded.

Patna High Court CR. MISC. No.33945 of 2021(2) dt.30-03-2022 2/2 The application for anticipatory bail is dismissed as withdrawn so far as petitioner no.1, namely, Shambhu Kumar is concerned.

So far as petitioner nos. 2, 3, 4, 5 and 6 namely, Ashok Prasad, Santosh Kumar, Sintu Kumar @ Pintu Kumar, Pushpa Devi and Babita Devi are concerned, it is submitted that because of land dispute between the parties, the occurrence took place and petitioners and the informant are agnates. Considering the aforesaid facts, this application for anticipatory bail is allowed.

Accordingly, let petitioner nos. 2, 3, 4, 5 and 6, namely, Ashok Prasad, Santosh Kumar, Sintu Kumar @ Pintu Kumar, Pushpa Devi and Babita Devi, in the event of their arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-XI, Gaya in connection with Fatehpur P.S. Case No.122 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sandeep Kumar, J) BT/- U T