Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56381 of 2024 Arising Out of PS. Case No.-5 Year-2024 Thana- PRANPUR District- Katihar ====================================================== 1.
Deepak Kumar Son of Yugal Mandal @ Jugal Mandal @ Radha Mandal R/O Vill.- Moracha, P.S.- Pranpur, Dist.- Katihar. 2.
Sanjay Mandal Son of Yugal Mandal @ Jugal Mandal @ Radhe Mandal R/O Vill.- Moracha, P.S.- Pranpur, Dist.- Katihar. 3.
Rajesh Mandal @ Rajesh Kumar Son of Yugal Mandal @ Jugal Mandal @ Radhe Mandal R/O Vill.- Moracha, P.S.- Pranpur, Dist.- Katihar. 4.
Yugal Mandal @ Jugal Mandal @ Radha Mandal Son of Late Balo Mandal R/O Vill.- Moracha, P.S.- Pranpur, Dist.- Katihar. 5.
Vikash Mandal @ Vikash Kumar Son of Late Balbir Singh R/O Vill.- Sirkoi, P.S.- Majhaola, Dist.- Muradabad.
6.
Bechan Mandal @ Bechan Kumar Son of Late Narayan Mandal R/O Vill.- Sauriya Balua, P.S.- Hasanganj, Dist.- Katihar. 7.
Pawan Singh @ Pawan Kumar Son of Raghunandan Choudhary R/O Vill.- Jairampur Nankar, P.S.- Naugachhiya, Dist.- Bhagalpur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suresh Prasad Sah, Advocate For the State :
Mr. Raj Ballabh Singh, A.P.P.
For the Informant :
Mr. Sanjeev Kumar Singh, Advocate Ms. Neha Rani, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2024 Heard learned counsel for the petitioners, informant and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 326, 307, 379, 427, 504/34 of the Indian Penal Code.
3. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons
Patna High Court CR. MISC. No.56381 of 2024(2) dt.09-09-2024 2/3 including these petitioners, armed with weapons, came on the land situated in front of the house of informant and started to fence his land with iron sheets. On protest, all the accused persons assaulted informant and his family members on account of which seven persons sustained injuries out of which three persons sustained grievous injury.
4. Learned counsel for the petitioners submits that from perusal of the F.I.R. it is apparent that on account of land dispute a free fight took place between the parties in which both sides sustained injuries. Case and counter case. Allegation of assault is general and omnibus and there is no allegation of specific overt act against these petitioners.
5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.
6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class,
Patna High Court CR. MISC. No.56381 of 2024(2) dt.09-09-2024 3/3 Katihar in connection with Pranpur P. S. Case No. 05 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T