Sudhakar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1789 of 2021 Arising Out of PS. Case No.-209 Year-2020 Thana- BHAGWANPUR District- Vaishali ============================================== 1.

SUDHAKAR KUMAR Son of Sunrendra Rai Resident of Village - Akbarpur, P.S.- Bhagwanpur in the Distt.- Vaishali. 2.

Jiyalal Rai Son of Late Sonelal Rai Resident of Village - Akbarpur, P.S.- Bhagwanpur in the Distt.- Vaishali.

3.

Arvind Rai Son of Jiyalal Rai Resident of Village - Akbarpur, P.S.- Bhagwanpur in the Distt.- Vaishali.

4.

Parvindra Rai @ Parvin Kumar Rai Son of Jiyalal Rai Resident of Village - Akbarpur, P.S.- Bhagwanpur in the Distt.- Vaishali. 5.

Jaibind Rai Son of Jiyalal Rai Resident of Village - Akbarpur, P.S.- Bhagwanpur in the Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar For the Opposite Party/s :

Ms Anita Kumari Singh ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-09-2021 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Bhagwanpur P.S. Case No. 209 of 2020 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian

Patna High Court CR. MISC. No.1789 of 2021(3) dt.02-09-2021 2/3 Penal Code.

The accusation against the petitioners is of having assaulted the members of the prosecution party and divesting them of their personal belongings. There is counter version of the occurrence as well. All the injured persons have suffered simple injuries. The nature of some of the injuries could not be ascertained and report has been kept pending awaiting the X-ray report. The F.I.R. itself discloses that there is a land dispute between the parties. The petitioners do not have criminal antecedents.

Considering these aspects of the matter, the petitioners were granted provisional bail and case diary was called for vide order dated 13.07.2021.

Regard being had to the afore-stated facts and taking into account that none of the victims have received grievous injuries and there is a background of land dispute between the parties, the provisional bail of the petitioners is hereby confirmed.

The petitioners shall remain on the same bail

Patna High Court CR. MISC. No.1789 of 2021(3) dt.02-09-2021 3/3 bonds.

The application stands allowed.

(Ashutosh Kumar, J) sunilkumar/- U T