Prince Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16406 of 2018 Arising Out of PS. Case No.-124 Year-2017 Thana- KHODABANDPUR District- Begusarai ======================================================
1. Prince Kumar, S/o Ram Narayan Singh,
2. Gopal Kumar S/o Umesh Singh @ Ramanuj Singh,
3. Sumant Kumar @ Chotu Kumar S/o Ram Narayan Singh,
4. Baban Kumar @ Ashutosh Kumar S/o Shri Umesh Singh @ Ramanuj Singh,
5. Ram Narayan Singh S/o Late Ram Bahadur Singh,
6. Anil Singh S/o Late Ram Bahadur Singh,
7. Umesh Singh @ Ramanuj Singh S/o Late Ram Bahadur Singh, All R/o Village- Ekamba, P.S.- (Chaurahi O.P.), in the District of Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhu Narayan Sharma For the Opposite Party/s :
Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-05-2018 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the informant. Petitioners apprehend their arrest in Khodawandpur P.S. case no. 124 of 2017 instituted for the offence under Section(s) 341, 323,307, 379 and 504/34 of the Indian Penal Code. It has been submitted on behalf of the petitioners that there is land dispute between the parties. There is case and counter case between the parties. The wife of petitioner no.5 has filed Khodawandpur P.S. case no. 123 of 2017 for the same date of occurrence against the informant and others. In the instant case
Patna High Court Cr.Misc. No.16406 of 2018(5) dt.02-05-2018 2/3 there is allegation against these petitioners of assaulting the informant and other family members with pistol , Katta, Pagharia and lathi causing injury to them. The injury reports of the informant and other four injured are enclosed as Annexures 3 to 7 series which show that all the injuries on the person of the injured have been found to be simple in nature except injury no. 3 on the person of Rajeev Kumar which was on index finger was opined by the doctor to be grievous. Injury no.5 on the person of Anupam Kumar which was bruise on face was opined by the doctor to be grievous.
Learned counsel for the informant has appeared and opposed the prayer for bail. He submits that earlier these petitioners have been convicted in one case for the offence under Section 324 of the I.P.C. wherein they have been directed to maintain peace for one year.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Khodawandpur P. S. case no. 124 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the
Patna High Court Cr.Misc. No.16406 of 2018(5) dt.02-05-2018 3/3 learned SDJM, Manjhaul, Dist. Begusarai subject to the conditions as laid down under Section 438(2) Cr. P.C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and
(3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) shyambihari/- U T