Ajeet Kumar @ Ajeet Kumar Shukla @ Monu Shukla @ Shukla Ji v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44232 of 2017 Arising Out of PS.Case No. -88 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== AJEET KUMAR @ AJEET KUMAR SHUKLA @ MONU SHUKLA @ SHUKLA JI, Son of Ajay Kumar Sharma, Resident of Village- Chaturi Punash, P.S.- Ahiyapur, District- East Champaran. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-09-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the state.
In this application for anticipatory bail the petitioner apprehends his arrest in connection with Raxaul P.S. Case No. 88 of 2016 for the offences punishable under sections 147, 148, 149, 323, 324, 354, 363, 448 and 307 of the I.P.C and section 27 of the Arms Act Allegedly, the petitioner and other co-accused made an attempt to forcibly take possession on the land of Khata no. 62, plot nos. 741 and 740 situated at Village- Paraiwa and opened firing when protest was made but no one was injured. Submission is of false implication and that the land in question belongs to Sonalal Sah, co-accused who has executed the agreement of sale in favour of Pawan Yadav, co-accused and
Patna High Court Cr.Misc. No.44232 of 2017 (2) dt.21-09-2017 2/2 when the petitioner and others went there to offer Puja before construction on the aforesaid land, the informant and some other persons with malafide intention made obstruction upon which an altercation took place and in the meantime, police party came there and at the instigation of the prosecution party the present case as well as Raxaul P.S. Case No. 89 of 2016 were lodged, four accused persons, namely, Pawan Yadav @ Pawan Kumar, Prabhu Yadav, Rajdeo Rai and Sonalal Sah have already been allowed pre-arrest bail vide Cr. Misc. No. 39657 of 2016 by order dated 19.11.2016 by another co-ordinate Bench of this Court and as such the petitioner deserves sympathetic consideration. The learned A.P.P.
submits that the petitioner has got criminal antecedent but he is on bail in that case. In the facts and circumstances stated above, the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M, Raxaul, East Champaran at Motihari in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.