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Patna High CourtCR. MISC./28033/2025bail granted

Akhilesh Kunwar v. The State Of Bihar

2025-05-07Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28033 of 2025 Arising Out of PS. Case No.-110 Year-2020 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== 1.

Akhilesh Kunwar S/o Late Rajo Kunwar R/o Village- Tara Mohiuddin Nagar, P.S.- Mohiuddin Nagar, District- Samastipur, Bihar 2.

Aman Kumar @ Aman Kuwar S/o Fulkant Kuwar R/o Village- Tara Mohiuddin Nagar, P.S.- Mohiuddin Nagar, District- Samastipur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishal Vikram Rana Mr. Misha Bharti Ms. Pallavi Mr. Zeeshan Khan For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-05-2025 Heard learned counsel for the petitioners and learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in connection with Mohiuddin Nagar P.S. Case No. 110/2020 for the offences punishable under Sections 147/149/341/323/324/325/307/354/ 379/447/448/504/506 of the Indian Penal Code and Sections 26(1)(A)/(B) of the Indian Forest Act.

3. As per the prosecution case, on account of old land dispute, all the F.I.R. named accused persons including these petitioners armed with lathi, iron-rod and sword assaulted the

Patna High Court CR. MISC. No.28033 of 2025(2) dt.07-05-2025 2/3 informant. It is further alleged that the accused persons tore the cloth of the wife of the brother of the informant. It is also alleged that the accused persons entered into the house of the informant and looted cash of Rs. 15,000/-.

4. Learned counsel for the petitioners submits that the petitioners and the informant are neighbours and due to petty dispute over cutting of sisam tree, marpit took place. There is case and counter case. Learned counsel for the petitioners further submits that there is general and omnibus allegations of assault against these petitioners and no specific allegation of assault has been attributed against these petitioners. The petitioners have clean antecedent.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within eight weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 110/2020, subject to the conditions laid down in Section 438(2)

Patna High Court CR. MISC. No.28033 of 2025(2) dt.07-05-2025 3/3 of the Code of Criminal Procedure, 1973.

(Prabhat Kumar Singh, J) Saif/- U T