Badal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23523 of 2025 Arising Out of PS. Case No.-66 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== Badal Kumar S/o Puran Singh R/o Village- Devaka Posht Kaithi, P.S.- Choutham, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar For the Opposite Party/s :
Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-04-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in connection with Chautham P.S. Case No. 66 of 2024 dated 11.03.2024 registered under Sections 447, 341, 323, 307, 379, 34 of the Indian Penal Code.
3. As per the First Information Report, the petitioner along with other accused persons, started constructing a house on the land of the informant on 10.03.2024 and when the informant objected, the accused persons assaulted the informant, put a rope in her neck with intention to kill and also snatched a golden chain and took away Rs. 10,000/- kept in a bag belonging to the informant.
4. Learned counsel for the petitioner submits that both the
Patna High Court CR. MISC. No.23523 of 2025(2) dt.11-04-2025 2/3 parties are agnates and there is land dispute between them, which would be evident from the impugned order itself. The impugned order also states that injury caused to the informant is simple in nature. He next submits that allegation against the petitioner is general and omnibus in nature. He further submits that similarly situated coaccused persons, namely, Puran Singh, Ashok Singh and Praveen Kumar, have been granted anticipatory bail by this Court in Cr. Misc. No. 58649 of 2024.
5. Regard being had to the submission made by the parties, taking into consideration the fact that both the parties are agnates having land dispute, allegation against the petitioner is general and omnibus in nature, injury caused to the informant is simple in nature and similarly situated co-accused persons have been granted anticipatory bail by this Court, I am inclined to grant anticipatory bail to the petitioner.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten
Patna High Court CR. MISC. No.23523 of 2025(2) dt.11-04-2025 3/3 thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate First Class, Khagaria, in connection with Chautham P.S. Case No. 66 of 2024 subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) ashwani/- U T