Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43610 of 2024 Arising Out of PS. Case No.-238 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== 1.
VIKASH KUMAR SON OF SHYAM LAL RAY VILLAGE- AMBA NARBIRPUR EKCHHA BHAGAT KE TOLA, PS- CHANDI, DISTBHOJPUR 2.
SHYAM LAL RAY SON OF KISHUNDEV RAY VILLAGE- AMBA NARBIRPUR EKCHHA BHAGAT KE TOLA, PS- CHANDI, DISTBHOJPUR 3.
KISHUNDEV RAY SON OF LATE CHANDU RAY @ LATE CHANDAR RAY VILLAGE- AMBA NARBIRPUR EKCHHA BHAGAT KE TOLA, PS- CHANDI, DIST- BHOJPUR 4.
ATUL KUMAR @ ATUAL KUMAR SON OF AKHILESH RAY VILLAGE- AMBA NARBIRPUR EKCHHA BHAGAT KE TOLA, PSCHANDI, DIST- BHOJPUR 5.
HARSHIT RAY @ HARSHIT KUMAR SON OF AKHILESH RAY VILLAGE- AMBA NARBIRPUR EKCHHA BHAGAT KE TOLA, PSCHANDI, DIST- BHOJPUR 6.
SHIVA DEVI WIFE OF AKHILESH RAY VILLAGE- AMBA NARBIRPUR EKCHHA BHAGAT KE TOLA, PS- CHANDI, DISTBHOJPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Ravindra Kumar, Advocate For the State :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-07-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323 and 307 of the Indian Penal Code.
3. The prosecution case in brief is that on 22.09.2023 at about 10 o'clock, on account of previous land dispute
Patna High Court CR. MISC. No.43610 of 2024(2) dt.23-07-2024 2/3 between the parties, all the accused persons named in the F.I.R., including these petitioners, holding arms, arrived at the house of the informant and assaulted informant and other family members, as a result of which three persons sustained injuries.
4. It is submitted by learned counsel appearing on behalf of the petitioners that on account of previous land dispute between the parties, an altercation took place in which both sides sustained injuries. There is case and counter-case between the parties. Moreover, the allegation of assault is general and omnibus and there is no specific accusation of overt act against these petitioners.
5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, nature of accusation and case and counter-case between the parties, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged 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
Patna High Court CR. MISC. No.43610 of 2024(2) dt.23-07-2024 3/3 Magistrate, Bhojpur, in connection with Chandi P.S. Case No. 238 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T