Dinkar Kashyap @ Dinkar Kumar @ Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 35598 of 2019 Arising Out of PS. Case No.-455 Year-2018 Thana- NATHNAGAR District- Bhagalpur ====================================================== Dinkar Kashyap @ Dinkar Kumar @ Mandal, Male, aged about 24 years, Son of Subodh Kumar Roy, Resident of Bharat Rasalpur, P.S.- Nath Nagar, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Bharti, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 447, 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code and Section 27 of Arms Act.

Submission as per written report filed by Raman Kumar is that petitioner alongwith other accused person came and Awadh Kishore instigated to kill the informant by signaling and Parmanand Roy stated that his children are dealing with liquor but the informant along with other are helping in arrest of them hence he will be killed Chandan Kumar, Ajit Kumar fired over them and they escaped by chance and Aman Kumar was caught by Bimlesh Kumar Ajit Kumar and Subhramanyam Roy and when the informant started to flee and Dinkar Kumar assaulted over Aman Kumar after taking spade from Neel Mani and this caused serious head injury and he fell down over

Patna High Court CR. MISC. No. 35598 of 2019(3) dt.07-08-2019 2/2 the ground after severe bleeding and Bimlesh Kumar alongwith Tuntun Kumar fired and threatened that if the matter is reported no one of his family will see the rising son tomorrow and there is recovery of empty cartridges from the place of occurrence. Learned counsel for the petitioner submits that there is a case and counter case. The informant and petitioner are gotia and there is old land dispute among them. As per FIR accused Aman Kumar has sustained one injury part.

In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Nath Nagar P.S. Case No. 455 of 2018 to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur, subject to the conditions as laid down under Section 438

(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T