Prince Kumar Rai @ Prince Kumar Ray @ Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29224 of 2023 Arising Out of PS. Case No.-247 Year-2021 Thana- AGIAON BAZAR District- Bhojpur ====================================================== PRINCE KUMAR RAI @ PRINCE KUMAR RAY @ PRINCE KUMAR Son of Sanjay Rai Resident of village - Telarh, P.S. - Agiaon Bazar, Distt. - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hansraj For the Opposite Party/s :
Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 01-06-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State. This application, for grant of anticipatory bail, arises out of Agiaon Bazar Police Station Case No. 247 of 2021, dated 10.12.2021, disclosing offences punishable under Sections 341/448/323/324/307/379/504/506/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case, as per the First Information Report, is that the petitioner, along with other co-accused persons, assaulted the informant, his son and daughter, by means of iron-rod, due to which they sustained injury. Learned Counsel for the petitioner submits that both
Patna High Court CR. MISC. No.29224 of 2023(2) dt.01-06-2023 2/3 the parties are agnates and co-sharers and there is land dispute between them. Referring to Annexure 2 series, he submits that the injuries caused to the informant and others are simple in nature. He next submits that the petitioner's side were also assaulted by the informant and others, but the fardbayan of the petitioner was not accepted by the police, which would be evident from Annexure 3.
Regards being had to the submissions advanced on behalf of petitioner and taking into consideration the fact that both the parties are agnates, there is land dispute between them and the injuries sustained by the informant and others are simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.
This application is, accordingly, allowed.
Let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 8th Additional Chief Judicial Magistrate, Bhojpur, at Ara,, in connection with Agiaon Police Station Case No. 247 of 2021, subject to the condition laid down under Section 438 (2) of the
Patna High Court CR. MISC. No.29224 of 2023(2) dt.01-06-2023 3/3 Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √