Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63764 of 2021 Arising Out of PS. Case No.-53 Year-2021 Thana- HATHAURI District- Muzaffarpur ====================================================== 1.

MANISH KUMAR S/O SHYAM KISHORE SINGH R/o village- Bhadai, P.S.- Hathauri, District- Muzaffarpur 2.

SANTOSH KUMAR S/o Late Awadh Kishore Singh R/o village- Bhadai, P.S.- Hathauri, District- Muzaffarpur 3.

TARUN KUMAR @ KAJU KUMAR S/o Sri Manish Kumar R/o villageBhadai, P.S.- Hathauri, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-06-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

The petitioners apprehend their arrest in connection with Hathauri P.S. Case no. 53 of 2021 registered under sections 307, 379 and other allied section of the Indian Penal Code as well as section 27 of the Arms Act.

The main submissions advanced by learned counsel for the petitioners are that F.I.R of this case was lodged on account of enmity by the informant as grand father of the petitioner Manish Kumar, namely, Ras Narain Singh gifted land

Patna High Court CR. MISC. No.63764 of 2021(2) dt.15-06-2022 2/2 on which prosecution party of the present case are interested to capture some portion of the land and in the present case, no one sustained injury and before the court below despite repeated direction, prosecution failed to produce case diary which clearly reflects from the order impugned and moreover, good sense has prevailed in between the petitioners and the informant and compromise petition is annexure 2 and presently, there is no dispute between the parties.

Learned APP opposes the prayer for anticipatory bail. Having considered the above submissions and said compromise made by both the parties, let the above named petitioners, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Muzaffarpur in connection with Hathauri P.S. Case no. 53 of 2021 subject to condition as laid down under section 438(2) Cr.P.C. (Shailendra Singh, J) s.hassan/- U T