Pritam Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29236 of 2016 Arising Out of PS.Case No. -89 Year- 2014 Thana -HULASGANJ District- JEHANABAD ======================================================

1. Pritam Kumar, son of Harendra Singh,

2. Rajnish Kumar @ Tuntun, son of Upendra Singh

3. Upendra Singh, son of Late Brij Nandan Singh

4. Prince Kumar, son of Harendra Singh, All resident of Village: Tulli Bigha, P.S: Hulasganj, District: Jehanabad.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party : Mr. Sri Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 16-11-2016 Heard the counsel for the petitioners and the informant. Petitioners four in number have prayed for grant of anticipatory bail in Hulasganj P.S.Case No.89 of 2014 registered for an offence under Sections 307 and 379 of the IPC. The allegation is that on the date of occurrence, the petitioners forming an unlawful assembly entered into the house of the informant and assaulted as many as four persons. Some of them received garasa injury on head and also on the vital part of the bodies. The contention of the petitioners is that there is land dispute between the parties. A counter case has also been lodged by petitioner no.3 Upendra Singh vide Annexure-2. The allegation

Patna High Court Cr.Misc. No.29236 of 2016 (4) dt.16-11-2016 2/2 of assault specifically is attributed to petitioner nos.1, 3 and 4. However, there is no allegation of assault against petitioner no.2. It is further submitted that the injury sustained by each of the injured are simple in nature.

Learned counsel for the informant on the other hand submits that a wrong statement is made in the bail application that the petitioners have no criminal antecedent. A counter affidavit is filed disclosing the criminal antecedent of the petitioners. Considering the facts and circumstances of the case, the Court is not inclined to extend them the privilege of anticipatory bail. Prayer is rejected.

(Kishore Kumar Mandal, J) B.Kr./- U T