Ranjit Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46092 of 2024 Arising Out of PS. Case No.-20 Year-2024 Thana- MORKAHI District- Khagaria ====================================================== 1.

Ranjit Kunwar, Son of Late Jagdish Kunwar, Resident of Village - Bachhouta, P.S. - Morkhai, District - Khagaria. 2.

Vijay Kunwar, Son of Late Jagdish Kunwar, Resident of Village - Bachhouta, P.S. - Morkhai, District - Khagaria. 3.

Hira Kunwar, Son of Late Jagdish Kunwar, Resident of Village - Bachhouta, P.S. - Morkhai, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Morkahi P.S. Case No. 20 of 2024 corresponding to G.R. No. 515 of 2024 instituted under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, due to dispute with respect to the path used by the parties, all the accused persons including the petitioners abused the informant-side and beat them by lathi, danda and rod.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.46092 of 2024(3) dt.09-08-2024 2/3 petitioners are innocent and have been falsely implicated in this case. He further submits that due to land dispute between the parties, some altercation took place in which both the parties got simple injury. There is case and counter case between the parties and the allegation against the petitioners is general and omnibus. Similarly situated co-accused have already been granted anticipatory bail by this Court vide order dated 20.07.2024 passed in Cr. Misc. No. 43298 of 2024. He further submits that petitioners have one criminal antecedent in which they are on bail and they undertake to co-operate in the investigation and the trial.

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 A.C.J.M. 1st, Khagaria / Concerned Trial Court in connection with Morkahi P.S. Case No. 20 of 2024 corresponding to G.R. No. 515 of 2024, subject to the

Patna High Court CR. MISC. No.46092 of 2024(3) dt.09-08-2024 3/3 conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) khushbu/- U T