Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51331 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- SILAO District- Nalanda ====================================================== SUNNY KUMAR Son of Nandlal Prasad Resident of Village- Seema, P.S.- Silao, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Chandra For the Opposite Party/s :

Mr. Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-11-2019 The petitioner apprehends his arrest in connection with Silao P.S. Case No. 94/2019, registered under Sections 341, 323, 307, 379, 504 & 506/34 of the Indian Penal Code. The allegation against the petitioner is that the petitioner assaulted the informant and his wife causing head injuries to the informant.

Mr. Anil Chandra, learned counsel appearing for the petitioner submits that both the parties are agnates and there is previous land dispute. Learned counsel also submits that there is title suit and scuffle between the parties had taken place on previous issue of throwing garbage by the accused person in the house of the informant.

On the other hand, learned counsel appearing for the informant vehemently opposed the prayer of anticipatory bail and submits that the allegation against the petitioner is of assault

Patna High Court CR. MISC. No.51331 of 2019(3) dt.20-11-2019 2/2 upon the vital part of the body i.e., head of the body and informant has sustained injury on the skull. Therefore, petitioner does not deserve the privilege of anticipatory bail. Having heard the parties and taking into consideration that both the parties are agnates and there is previous land dispute between them and the scuffle between the parties have taken place on the previous issue of throwing garbage, as such, I am inclined to grant anticipatory bail to the petitioners.

Let the petitioners, above-named, in the event of arrest or surrender before the Court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Silao P.S. Case No. 94/2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) Ranjeet/- U T