Sumit Kumar @ Lukho Singh @ Lukho v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38375 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- SURYAGARHA District- Lakhisarai ====================================================== 1.
Sumit Kumar @ Lukho Singh @ Lukho son of Manoj Kumar @ Manoj Singh Village-Rampur Ps- Surajgarha Dist- Lakhisarai 2.
Krishan Murari Kumar @ Murari Singh son of Gita Prasad Singh VillageRampur Ps- Surajgarha Dist- Lakhisarai 3.
Shubham Raj @ Subham Kumar son of Rammanohar Kumar @ Manohar Singh Village-Rampur Ps- Surajgarha Dist- Lakhisarai 4.
Nagendra Kumar @ Nagendra Singh son of Pramod Singh Village-Rampur Ps- Surajgarha Dist- Lakhisarai 5.
Raushan Kumar son of Gangasagar Singh Village-Rampur Ps- Surajgarha Dist- Lakhisarai 6.
Sanjeev Kumar @ Sanjiv singh son of Manoj Kumar @ Manoj Singh Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parmanand Pd. Nr. Sahi, Adv.
For the Opposite Party/s :
Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-07-2024 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 Surajgarha Police Station Case No. 22 of 2024, disclosing offences under sections 147, 148, 149, 307, 427, 379, 325, 323, 504 and 506 of the Indian Penal Code.
3. As per the First Information Report, on 11.01. 2024, while the informant along with his sister-in-law was returning on scorpio vehicle towards his home and no sooner
Patna High Court CR. MISC. No.38375 of 2024(2) dt.03-07-2024 2/3 than they reached near Rampur Shahid Dwar, the accused persons stopped the vehicle of the informant and started demanding Rs. 10,000/- as extortion and upon refusal, the petitioner no. 3 and 5 dragged the informant out of his vehicle and started assaulting him due to which his hand got fractured. Other accused persons damaged the vehicle of the informant causing loss of Rs. 1 Lakh and a gold chain was also snatched from the informant by them.
4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case due to village rivalry regarding the passage of tractor loaded with sand through the land of the petitioners. He further submits that both the parties have filed joint compromise petition before the court concerned. Learned Sessions Judge in paragraph-6 of the impugned order has taken note of the injury caused to the informant recording therein that as per paragraph-28 of the case diary, the injury report of Sonu Kumar/informant is showing swelling over right shoulder.
5. Regard being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the injury caused to the informant, I am inclined to grant the petitioner privilege of anticipatory bail.
Patna High Court CR. MISC. No.38375 of 2024(2) dt.03-07-2024 3/3
6. Let the petitioners, named above, in the event of their arrest or surrender before the court below within four 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 Chief Judicial Magistrate, Lakhisarai in connection with Surajgarha Police Station Case No. 22 of 2024 subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) perwez U T