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Patna High CourtCR. MISC./44217/2024allowed

Randhir Kumar @ Randhir Singh v. The State Of Bihar

2024-07-05Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44217 of 2024 Arising Out of PS. Case No.-468 Year-2023 Thana- ATRI District- Gaya ====================================================== 1.

Randhir Kumar @ Randhir Singh Son of Vijay Singh, Resident of VillageGahlaur, P.S. -Atri, District- Gaya. 2.

Sambhu Singh @ Sambhu Sharan Singh Son of Late Akhileshwar Singh, Resident of Village- Gahlaur, P.S. -Atri, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Atri P.S. Case No.468 of 2023 instituted under Sections 147, 148, 149, 341, 323, 307, 452, 504, 506 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution case, on the date of occurrence petitioners along with other co-accused persons armed with weapons came to the house of informant and abused and assaulted the informant threatening to kill him but anyhow the informant could save himself. The accused persons also made firing.

Patna High Court CR. MISC. No.44217 of 2024(2) dt.05-07-2024 2/3

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case due to land dispute which took place at the time of measurement of land due to which there is case and counter case between the parties. He further submits that no incriminating material has been recovered from the possession of petitioners. Learned counsel submits that no one has received injury. He further submits that petitioner no.1 has four criminal antecedents and petitioner no.2 has one criminal antecedent and they undertake to cooperate in the investigation. Similarly situated other co-accused persons have been granted anticipatory bail by this Court vide order dated 08.05.2024 passed in Cr. Misc. No.19092 of 2024.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Atri

Patna High Court CR. MISC. No.44217 of 2024(2) dt.05-07-2024 3/3 P.S. Case No.468 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Ritik/- U T