Kaushal Bind @ Kaushal Kumar @ Kailash Bind @ Kailash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49537 of 2023 Arising Out of PS. Case No.-346 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.
Kaushal Bind @ Kaushal Kumar @ Kailash Bind @ Kailash Kumar Son Of Haridwar Bind Resident Of Village- Kadirganj, Ps- Sasaram Town, DistrictRohtas. 2.
Chandan Mahto @ Chandan Kumar Son Of Nand Lal Singh Resident Of Mohalla- Lakhan Sarai, Ps- Sasaram Town, District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Indra Bhushan Tiwary For the Opposite Party/s :
Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehends their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 387, 504, 506/34 of the Indian Penal Code and section 27 of the Arms Act.
3. As prosecution case, the allegation against the petitioners are that they along with other accused are of assaulting the informant, snatched Rs. 2,000/- and a golden chain and also made firing upon the informant.
4. It is submitted by learned counsel for the petitioners
Patna High Court CR. MISC. No.49537 of 2023(4) dt.16-10-2023 2/3 that the petitioners have falsely been implicated in the present case. Petitioner no. 1 has got one criminal antecedent in which he is on bail whereas petitioner no. 2 has got two criminal antecedent in which he is on bail as mentioned in Para 3 of the bail application. There is no specific overt act against the petitioners. He further submits that the accused Madan Singh got executed an agreement for sale dated 07.01.2021 measuring 14 Kattha from the sons of Shahjahan Khatoon, the land owner and the informant also wants to purchase the said 25 decimal of land. He further submits that the petitioners are the friend of accused Madan Singh.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case and also considering the argument of the parties and perusal of the records, it is a civil nature dispute, let the above named petitioner, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with
Patna High Court CR. MISC. No.49537 of 2023(4) dt.16-10-2023 3/3 Sasaram Town (Darigaon) P.S. Case No. 346 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Ranjeet/- U T