Subodh Kunwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48367 of 2024 Arising Out of PS. Case No.-125 Year-2024 Thana- BRAHMPUR District- Buxar ====================================================== Subodh Kunwar Son of Late Subhash Kunwar @ Subash Kunwar R/O Vill.- Gaighat, P.S.- Brahampur, Dist.- Buxar ... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Pradhan, Adv.
For the Opposite Party/s :
Mr. Binod Kumar, APP.
Mr. Harshit Griyaghey, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 427, 452, 504, 506, 325, 354, 307 of the Indian Penal Code.
3. Allegedly, all the FIR named accused persons including the petitioner are said to have assaulted the informant and his family members brutally with deadly weapons due to which they sustained injuries.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior
Patna High Court CR. MISC. No.48367 of 2024(3) dt.13-09-2024 2/3 motive. The allegation levelled against the petitioner is totally false and based on concocted facts. There is admitted land dispute between the parties. Both sides have filed cases against each other. The injuries sustained by the injured were found simple in nature except the injuries to one Shankar Dayal Choudhary, who sustained two grievous injuries. It is further submitted that vide order dated 24.07.2024 in Cr. Misc. No. 45955 of 2024, the prayer for anticipatory bail of co-accused Vijendra Kunwar was rejected by this Court, whereas coaccused, namely, Vishal Kunwar, Makardhwaj Kunwar, Raghvendra Kunwar and Neeraj Kunwar have been enlarged on bail. Petitioner has three criminal antecedents as mentioned in para-3 of this application.
5. Learned APP for the State as well as learned counsel for the informant opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, as there is admitted land dispute between the parties, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court
Patna High Court CR. MISC. No.48367 of 2024(3) dt.13-09-2024 3/3 below where the case is pending/successor Court in connection with Brahampur P.S. Case No. 125 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T