Chandan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27698 of 2016 Arising Out of PS.Case No. -170 Year- 2016 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Chandan Kumar, son of Anuragi Das

2. Vikash Das @ Vikash Kumar son of Anuragi Das Both residents of village-Barwatta, Police Station-Kako, District- Jehanabad .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Indradeo Prasad For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 25-07-2016 Heard learned counsel for the petitioners and learned Addl. Public Prosecutor.

Two petitioners, apprehending their arrest in Jehanabad P.S. Case no.170/2016 registered for the offence under Sections 341, 323, 307, 379/34 of the Indian Penal Code, have prayed for grant of anticipatory bail.

It was submitted by learned counsel for the petitioners that petitioners' side and the informant side; both are members of one family. In the F.I.R. itself, it was alleged that petitioners, who are son of the uncle of the informant, have committed the offence. He further submits that in respect of the occurrence from the petitioners' side, an F.I.R. was lodged vide Jehanabad P.S. Case no.169/2016, in which the person, who has

Patna High Court Cr.Misc. No.27698 of 2016 (3) dt.25-07-2016 2/2 been shown as main accused in the present case, is the informant. It has also been argued that during investigation, injury on the informant side was found simple in nature. He submits that there is land dispute in between the parties.

Considering the fact, particularly the fact that there was case and counter case, both belong to the same family as well as there is no specific accusation against both the petitioners, let both petitioners, namely, (i) Chandan Kumar (ii) Vikash Das @ Vikash Kumar, in the event of their arrest or surrender within six weeks from today, 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, Jehanabad in connection Jehanabad P.S. Case No.170/2016 subject to conditions as laid down in Section 438(2) of the Code of Criminal Procedure.

(Rakesh Kumar, J) NKS/- U