Kusheshwar Ray v. The State Of Bihar
Patna High Court Cr.Misc. No.30172 of 2017 (3) dt.13-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30172 of 2017 Arising Out of PS.Case No. -192 Year- 2016 Thana -UJIYARPUR District- SAMASTIPUR ====================================================== Kusheshwar Ray Son of- Late Dasi Ray resident of Village- Satanpur Nunpher, Yadav Tola, P.S.- Ujaiyarpur, District- Samastipur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Suraj Narain Singh Ms. Rashmi Bharti Ms. Monika For the State : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 13-07-2017 Heard both sides.
The petitioner apprehends arrest in connection with Ujiyarpur P.S. Case no. 192 of 2016 registered for the offence punishable under Sections 147, 148, 149, 323, 324, 307, 427, 504 and 506 of the Indian Penal Code.
As per fardbeyan, the allegation is that a Panchayati was convened for land dispute which was going on between the parties. After Panchayati, one of the co-accuseds went over the disputed land and started cutting bamboo whereupon the informant raised protest. It is said that thereafter altogether fourteen persons who are named in the First Informant Report armed with deadly weapon came at his place and started assaulting
Patna High Court Cr.Misc. No.30172 of 2017 (3) dt.13-07-2017 him and his family members who came for his rescue. They also snatched ornaments of the female members.
It is submitted that the petitioner is a handicapped person aged about 64 years old. His right elbow is amputed and he has been made accused only on account of land dispute. There are several cases between the parties for the said land dispute. There is no specific allegation against this petitioner rather allegation of assault is general and omnibus against fourteen F.I.R. named accused persons.
Considering the facts and circumstances of the case, the prayer of anticipatory bail is allowed. The petitioner above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M, Dalsingsarai, District-Samastipur in connection with Ujiyarpur P.S. Case no. 192 of 2016, subject to the condition as laid down under Section 438(2), the code of Criminal Procedure.
(Sanjay Kumar, J) rohit/- U T