Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32987 of 2020 Arising Out of PS. Case No.-167 Year-2020 Thana- KHUSRUPUR District- Patna ====================================================== 1.

Ranjeet Kumar, Son of Bundela Singh resident of village- Hemjapur, Mustaffapur, P.s.- Khusrupur, District- Patna, Bihar 2.

Niranjan Yadav, Son of Bundela Singh resident of village- Hemjapur, Mustaffapur, P.s.- Khusrupur, District- Patna, Bihar 3.

Chandan Kumar, Son of Niranjan Singh @ Niranjan Yadav resident of village- Hemjapur, Mustaffapur, P.s.- Khusrupur, District- Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anirudh Kumar Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-03-2021 Heard Mr. Anirudh Kumar Singh, learned counsel for the petitioners and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Khusrupur P. S. Case No. 167 of 2020 dated 19.05.2020, instituted for the offences under Sections 341, 325, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act, 1959. The petitioner nos. 1 and 2 are alleged to have resorted to brick-bats whereas petitioner nos. 3 and his

Patna High Court CR. MISC. No.32987 of 2020(2) dt.03-03-2021 2/3 father are said to have fired in the open to scare away the protesting villagers. The accusation against the petitioners is of having staked their claim over a public land which was being used by the members of the public for a passage and a drain also passes through the land in question.

The learned counsel for the petitioners has submitted that the real fact has not been stated in the F.I.R. In fact, only because the land in question was not enclosed by the petitioners who owned the same, it was being used by the villagers as common land. The attempt of the petitioners to have the same enclosed has resulted in a protest by the villagers and lodging of the present case.

The injuries suffered by the victims are stated to be simple in nature.

Considering the nature of accusation against the petitioners, they are directed to be released on bail, in the event of their arrest or surrender before the court

Patna High Court CR. MISC. No.32987 of 2020(2) dt.03-03-2021 3/3 below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Patna City, in connection with Khusrupur P. S. Case No. 167 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) skm/- U T