Anil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29718 of 2024 Arising Out of PS. Case No.-428 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.
Anil Kumar, Son of Shiv Muni Singh Resident of Village- Mahtavania, P.S.- Udavant Nagar, District- Bhojpur Ara 2.
Sunil Kumar, Son of Shiv Muni Singh Resident of Village- Mahtavania, P.S.- Udavant Nagar, District- Bhojpur Ara ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Virendra Kumar Ray For the Opposite Party/s :
Mr.Chandra Bhushan Prasad- A.P.P.
Mr.Ajay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-05-2024
1. Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.
2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 307, 504 and 506 of the Indian Penal Code.
3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant on account of dispute relating to land. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that specific allegation of assaulting the informant by
Patna High Court CR. MISC. No.29718 of 2024(2) dt.14-05-2024 2/3 lathi is on Shiv Muni Singh.
4. It is next submitted that allegation against the petitioners is of assaulting the son and wife of the informant along with other, but then, the allegation is not specific rather is general and omnibus in nature. It is also submitted that the injury suffered by the son and wife of the informant is simple in nature. It is also submitted that petitioner no.1 is a businessman and runs a sweet shop in the name of Maa Sweets at Patna and he was not even present at the place of occurrence when the occurrence is alleged to have taken place, but then, came to be implicated on account of pre-existing land dispute.
5. Learned A.P.P. Sri Chandra Bhushan Prasad along with learned counsel appearing on behalf of the informant opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate/appropriate Court, Bhojpur at Ara in connection with
Patna High Court CR. MISC. No.29718 of 2024(2) dt.14-05-2024 3/3 Udvant Nagar P. S. Case No.428 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T