Shambhu Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33589 of 2024 Arising Out of PS. Case No.-271 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== Shambhu Das S/O Late Parmeshwar Das R/O VILLAGE-Bajitpur, ward no. 3, P.S.- KHODAWANANDPUR (CHHOURAHI O.P.), DIST- BEGUSARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Randhir Kumar No.1 For the Opposite Party/s :
Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-05-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Khodawandpur Police Station Case No. 271 of 2023, disclosing offences punishable under Sections 341/323/307/354-B/325/379/504/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 15.09.2023, in the morning, the petitioner, along with some persons, were boring a hand pump in the land of the informant and when objected, the petitioner abused the informant and assaulted her by means of iron-rod, due to which she sustained injuries.
4. Learned Counsel for the petitioner submits that altogether
Patna High Court CR. MISC. No.33589 of 2024(2) dt.27-05-2024 2/3 nine persons have been made accused in this case on the basis of general and omnibus allegation. Further, the allegation against the petitioner is that he assaulted the informant by means of iron rod, but the injury caused to the informant Nagina Devi is simple in nature, as would be evident from Annexure 2 series. There is land dispute between the parties and both parties are agnates.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are agnates, there is land dispute between them and injury caused to the informant is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the 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 Sub Divisional Judicial Magistrate, Manjhaul, Begusarai, in connection with Khodawandpur Police Station Case No. 271 of 2023, subject to the condition laid down under
Patna High Court CR. MISC. No.33589 of 2024(2) dt.27-05-2024 3/3 Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √