Ravi Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25493 of 2019 Arising Out of PS. Case No.-167 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== 1.
Ravi Kumar Son of Late Dilip Prasad Resident of Village- Naubatpur Bazar Bichli Gali, P.S.- Naubatpur, Distict- Patna. 2.
Mukesh Kumar, son of Late Dilip Prasad, Resident of Village- Naubatpur Bazar Bichli Gali, P.S.- Naubatpur, Distict- Patna. ... ... 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 :
Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-08-2019 After some arguments, learned counsel for the petitioners seeks permission to withdraw this application against petitioner no.2.
Permission is accorded.
So far as the petitioner no.2 is concerned, this application is dismissed as withdrawn.
Heard learned counsel for the petitioner and learned APP representing the State.
The petitioner no.1 apprehends his arrest in connection with Naubatpur P.S. Case No. 167 of 2019, registered under Sections 341/323/324/326/307/504/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.25493 of 2019(4) dt.02-08-2019 2/3 The allegation against petitioner no.1 is that he assaulted with sword near the head of the informant, causing her injury.
Learned counsel for the petitioner no.1 submits that both the parties are agnates and there is case and counter case inasmuch as the side of the petitioner has also lodged Naubatpur P.S. Case No. 145 of 2019. He further submits that there is land dispute between the parties and injury caused to the informant is simple in nature.
After having heard learned counsel for the parties and taking into consideration the fact that the parties are agnates and there is case and counter case and injury caused to the informant is simple in nature, I am inclined to grant anticipatory bail to the petitioner no.1.
This application is, accordingly, allowed.
Let the petitioner no.1, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from today, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateII, Danapur District-Patna in connection with Naubatpur P.S. Case No. 167 of 2019; subject to condition as laid down
Patna High Court CR. MISC. No.25493 of 2019(4) dt.02-08-2019 3/3 hereinabove and under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) S.Katyayan/- U T