Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54230 of 2024 Arising Out of PS. Case No.-622 Year-2023 Thana- ARWAL District- Jehanabad ====================================================== 1.

Sunil Kumar Son of Surydeo Singh Resident of Vill- Satpura, P.S. and District- Arwal.

2.

Randhir Kumar Son of Surydeo Singh Resident of Vill- Satpura, P.S. and District- Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 31-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Arwal P.S. Case No. 622 of 2023 dated 19.12.2023, instituted for the offence punishable under Sections 379, 435 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that petitioners along with other co-accused looted paddy crop of the informant and burnt the paddy crop. The informant sustained a loss of Rs.

Patna High Court CR. MISC. No.54230 of 2024(2) dt.31-08-2024 2/3 50,000/- in the said incident.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there is a land dispute between the parties and the there is no proof with regard to burning of the said crops into ashes. It is further stated that allegation levelled against the petitioners that they looted the crops from the field, is totally false and fabricated. It is further submitted that there is no material in the case diary to show that such incident took place on 18.12.2023. Lastly, it has been submitted that the petitioners have one criminal case against them.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Arwal P.S. Case No. 622 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal, subject to condition as

Patna High Court CR. MISC. No.54230 of 2024(2) dt.31-08-2024 3/3 laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Sankalp/- U T