Umesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49620 of 2023 Arising Out of PS. Case No.-64 Year-2023 Thana- CHHABILAPUR District- Nalanda ====================================================== 1.
UMESH RAM S/O LATE BALCHAND RAM R/O VILLAGEJAMALPUR KHARJAMMA, P.O.- GORAUR, PS.- CHHABILAPUR, DIST. NALANDA 2.
VIKRAM KUMAR @ BIKKU KUMAR S/O UMESH RAM R/O VILLAGE- JAMALPUR KHARJAMMA, P.O.- GORAUR, PS.- CHHABILAPUR, DIST. NALANDA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dineshwar Prasad Singh For the Opposite Party/s :
Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-08-2023 Heard learned counsel for the petitioners as well as the learned APP for the State.
2. Learned counsel for the petitioner has submitted that during the pendency of this petition, the petitioner no. 1 has been arrested and, as such, he, therefore, seeks permission to withdraw this anticipatory bail petition in respect of petitioner No. 1.
3. In view of the aforesaid submission, the anticipatory bail petition of the petitioner no. 1 is dismissed as withdrawn.
4. The petitioner No. 2 apprehends his arrest in connection with Chhabilapur P.S. Case No. 64 of 2023, registered for the offences punishable under Sections 341, 323, 325, 307, 504, 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.49620 of 2023(2) dt.11-08-2023 2/2
5. As per allegation, due to land dispute the petitioners abused and assaulted the informant. The specific allegation against petitioner No. 2 is that he along with co-accused Bebi Devi assaulted on the hand of the informant due to which he suffered injuries.
6. Learned counsel for the petitioner has submitted that there is case and counter case. The petitioner no. 2 is a person of clean antecedent and it is a matter of civil nature. There is no specific allegation against the petitioner no. 2 and the injuries suffered by Prince Kumar are simple in nature.
7. Considering the above-mentioned facts and circumstances as well as the clean antecedent of the petitioner no. 2, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda, at Biharsharif in connection with Chhabilapur P.S. Case No. 64 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Nawneet Kumar Pandey, J) Sudha/- U T