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Patna High CourtCR. MISC./80152/2018allowed

Jivesh Kumar @ Vivesh Kuwar v. The State Of Bihar

2019-01-25Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80152 of 2018 Arising Out of PS. Case No.-339 Year-2017 Thana- BALIYA District- Begusarai ====================================================== Jivesh Kumar @ Vivesh Kuwar son of Janardhan Kunwar @ Lalo Kunwar resident of village Gokhale Nagar Bisanpur P.S. Ballia District Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with S. Tr. No. 525 of 2018 arising out of Balia P.S. Case No. 339 of 2017 registered under Sections 341, 323, 376/511 and 307/34 of the I.P.C.

Submission of learned counsel for the petitioner is that admittedly, there is land dispute between the parties. Further submission is that there is specific allegation of firing against co-accused Krishna Mohan Mishra. Nothing specific has been alleged against this petitioner. He has falsely been dragged under section 376/511 of the Indian Penal Code. It is also submitted that petitioner is in custody since 10.05.2018. Having considered the facts and circumstances of the

Patna High Court Cr.Misc. No.80152 of 2018(2) dt.25-01-2019 2/2 case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Begusarai in connection with Balia P.S. Case No. 339 of 2017.

(Arvind Srivastava, J) Shailendra/- U T