Sunil Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51747 of 2023 Arising Out of PS. Case No.-15 Year-2023 Thana- KUCHILA District- Kaimur (Bhabua) ====================================================== SUNIL PAL, S/o- MOHAN PAL Village- Kota Ps- Kuchhila Dist- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-08-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

The petitioner is apprehending his arrest in connection with Kuchhila P.S. Case No. 15 of 2023 registered for the offence punishable under Sections 447, 342, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code. 3.

The petitioner along with others armed with sharp edged weapon, has assaulted the informant and his son. The specific assault on head of the informant is attributed to the petitioner.

4.

It is submitted by the learned counsel for the petitioner that even as per allegations, all the accused persons have assaulted the informant and his son. Altogether there are eight accused, whereas the injury report shows only one

Patna High Court CR. MISC. No.51747 of 2023(2) dt.23-08-2023 2/3 lacerated wound, three and a half inches, on head of the informant. The same viewed keeping in background the subsisting land dispute between the parties arising out of Civil Suit No. 842 of 2021, makes it clear that over a trivial issue, the parties engaged in a scuffle while asserting their rights over the land, in which the informant has sustained injury. All other seven accused have been allowed anticipatory bail by the court of learned Sessions Judge on 17-7-2023. The petitioner is also a man of clean antecedent.

5.

Learned APP for the State has opposed the prayer for pre-arrest bail.

6.

Considering the submissions advanced in support of the prayer for anticipatory bail, having regard to the subsisting civil suit between the parties, the injury report, and clean antecedent of the petitioner, this Court is inclined to allow petitioner's prayer for grant of anticipatory bail. 7.

Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, 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 the learned S.D.J.M, Mohania (Kaimur) in connection with Kuchhila P.S.

Patna High Court CR. MISC. No.51747 of 2023(2) dt.23-08-2023 3/3 Case No. 15 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T