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Patna High CourtCR. MISC./51947/2024allowed

Vijay Kumar Singh @ Vijay Kumar v. The State Of Bihar

2024-08-07Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51947 of 2024 Arising Out of PS. Case No.-313 Year-2024 Thana- BIHTA District- Patna ====================================================== 1.

VIJAY KUMAR SINGH @ VIJAY KUMAR SON OF LATE DEV KUMAR RAY @ LATE DEO KUMAR SINGH R/O-VILLAGEYOGIPUR, P.S.- BIHTA, DISTT.- PATNA 2.

MANTU KUMAR SON OF JAGAT KUMAR R/O-VILLAGE- YOGIPUR, P.S.- BIHTA, DISTT.- PATNA 3.

HARERAM KUMAR @ HARERAM SON OF NAWAL KUMAR SINGH R/O-VILLAGE- YOGIPUR, P.S.- BIHTA, DISTT.- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dinesh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2024

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307 and 504/34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of two cases and petitioners no. 2 and 3 are persons with clean antecedent.

4. The informant alleges that on account of dispute relating to land, the accused persons including the petitioners were pressurizing him to compromise an old dispute and even assaulted him and Ranjeet assaulted the informant by lathi from

Patna High Court CR. MISC. No.51947 of 2024(2) dt.07-08-2024 2/3 back causing injury on his head and all the accused thereafter fired.

5. Learned counsel for the petitioners submits that on account of dispute relating to land the instant false case has been instituted. It is next submitted that the case has not been registered under the Arms Act and both sides assaulted each other when an altercation took place on account of dispute relating to land and from the side of the petitioners Bihta P.S. Case No. 314 of 2024 came to be instituted. It is also submitted that petitioners and the informant are agnates and the injuries suffered by the injured is simple in nature as would manifest from Annexure-3 to the anticipatory bail application.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7. Considering the submissions made by the learned counsel for the petitioners, let the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bihta P.S.

Patna High Court CR. MISC. No.51947 of 2024(2) dt.07-08-2024 3/3 Case No. 313 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T