Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9689 of 2021 Arising Out of PS. Case No.-628 Year-2020 Thana- BIHAR District- Nalanda ====================================================== 1.

Rahul Kumar, aged about 22 years, Male.

2.

Deepak Kumar, aged about 20 years, Male.

Both sons of Shailendra Prasad, resident of Mohalla- Naisarai, P.S.- Bihar, District- Nalanda.

... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Anil Kumar No.1, Advocate For the Opposite Party :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-12-2021 Heard learned counsel for the parties.

Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This application for anticipatory bail arises out of Bihar P.S. Case No. 628 of 2020 for the offence punishable under Sections 147, 148, 149, 323, 324, 307, 447, 448, 506 and 506/34 of the Indian Penal Code and under Section 27 of the Arms Act.

Learned counsel for the petitioner seeks permission to withdraw this bail application on behalf of petitioner no.1, above named, who has already died.

Accordingly, this bail application is dismissed as

Patna High Court CR. MISC. No.9689 of 2021(2) dt.07-12-2021 2/2 withdrawn as against petitioner no.1, above named. Considering the fact that the allegation against the petitioner no.2 is general and omnibus and also the fact that there is land dispute between the parties, this application is allowed.

Let the petitioner no.2, above named, in the event of his his arrest/surrender within four weeks from today in the Court below, 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 Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Bihar P.S. Case No. 628 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sandeep Kumar, J) pawan/- U T