Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33731 of 2024 Arising Out of PS. Case No.-132 Year-2023 Thana- KARPURIGRAM District- Samastipur ====================================================== 1.

Ajit Kumar Son of Late Maheshwar Bhagat Resident of Village - Adharpur, P.S.- Karpurigram, Dist.- Samastipur.

2.

Vijay Bhagat @ Vijay Kumar Son of Late Maheshwar Bhagat Resident of Village - Adharpur, P.S.- Karpurigram, Dist.- Samastipur. 3.

Prashant Bhagat @ Prashant Kumar Son of Vijay Bhagat Resident of Village - Adharpur, P.S.- Karpurigram, Dist.- Samastipur. 4.

Bibha Devi @ Bibha Kumari Wife of Vijay Bhagat Resident of Village - Adharpur, P.S.- Karpurigram, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha, Advocate For the Opposite Party/s :

Ms.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-08-2024 Heard Mr. Ashok Kumar Sinha, learned counsel appearing on behalf of the petitioners and Ms. Nirmala Kumari, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Karpurigram P.S. Case No. 132 of 2023 registered for the offence(s) punishable under Sections 341, 323, 307, 354, 379, 504 & 506/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioners, who are named in the FIR, have assaulted with iron rod on the head of the victims, Parvati Devi and Anita. They

Patna High Court CR. MISC. No.33731 of 2024(2) dt.09-08-2024 2/3 also snatched golden chains and outraged the modesty of the mother of the informant.

4. Learned counsel appearing on behalf of the petitioners submitted that earlier the petitioners were granted anticipatory bail by this Court vide order dated 20.02.2024 passed in Cr. Misc. No.8897 of 2024, but their bail bonds were not accepted due to incorrect criminal antecedents mentioned in paragraph no.3 thereof. Learned counsel further submitted that petitioners have now given the correct information with respect to their criminal antecedents in paragraph no.3 in the present bail application. Learned counsel further submitted that there is land dispute between the parties. The informant's side has implicated the petitioner no.1 in two criminal cases and the petitioners' side have also lodged an FIR by making similar allegation.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. In the facts and circumstances of the case, the petitioners, above named, are directed to be released on prearrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.33731 of 2024(2) dt.09-08-2024 3/3 each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st, Samastipur in connection with Karpurigram P.S. Case No. 132 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Sanjay/- U T