Suryanath Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24999 of 2020 Arising Out of PS. Case No.-228 Year-2019 Thana- KURTHA District- Jehanabad ====================================================== 1.

SURYANATH SHARMA S/o Basudeo Singh Resident of Village-Bara, P.SKurtha, District-Arwal. 2.

Basudeo Singh S/o Late Rampati Singh Resident of Village-Bara, P.SKurtha, District-Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-10-2020 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioners apprehend their arrest in connection with Kurtha Police Station Case No. 228 of 2019, registered for the offences punishable under Sections 147/448/341/323/307/ 379/506 of the Indian Penal Code.

The allegation against the petitioners is that the petitioners along with others entered into the house of the informant and assaulted the informant and his family members. It has further been alleged that the petitioner no. 1 assaulted at the hand of Khushi Kumari and there is general and omnibus

Patna High Court CR. MISC. No.24999 of 2020(2) dt.14-10-2020 2/3 allegation against petitioner no 2.

Learned Counsel for the petitioners submits that both the parties are agnates and there is land dispute between them. He further submits that there is case and counter case between the parties inasmuch as for the incident which has taken place on the same date and time, the petitioner no. 1 has lodged Kurtha Police Station Case No. 229 of 2019 against the informant and others. He further submits that the petitioner no. 1 has allegedly assaulted on the non-vital part of Khushi Kumari and all cases pending against the petitioners have been lodged by the side of the informant.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the parties are agnates and there is case and counter case between the parties, I am inclined to grant anticipatory bail to the petitioners.

This application is allowed.

Accordingly, let the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.24999 of 2020(2) dt.14-10-2020 3/3 learned Chief Judicial Magistrate, Arwal, in connection with Kurtha Police Station Case No. 228 of 2019.

It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √