Patna High CourtCR. MISC./53603/2017allowed

Sahendra Kumar And ORS v. The State Of Bihar

2017-12-20Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.53603 of 2017 (4) dt.20-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53603 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -NARAINPUR District- BHOJPUR ======================================================

1. Sahendra Kumar

2. Bijendra Kumar both are s/o Pasuram @ Balram Ram

3. Gyanti Devi w/o Bijendra Kumar all are residents of Vill - Narayanpur, p.s. - Narayanpur, Dist - Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Narayanpur Police Station Case No. 11 of 2017, disclosing offences under Sections 326 and 307 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, there is land dispute between the parties and on account of that scuffle took placed between the parties and the prosecution side sustained injuries which are simple in nature. Moreover, the

Patna High Court Cr.Misc. No.53603 of 2017 (4) dt.20-12-2017 complaint has been filed after lapse of one week from the date of occurrence, without explaining the plausible delay. Hence, the petitioners, who are of clean antecedent, deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Bhojpur (Ara), in connection with Narayanpur Police Station Case No. 11 of 2017, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T