Naveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63749 of 2021 Arising Out of PS. Case No.-256 Year-2021 Thana- MAIRWAN District- Siwan ====================================================== 1.

NAVEEN KUMAR Son of Vinod Kumar Chaurasia Resident of VillageManjhauli Road Mairwa, P.S.- Mairwa, District- Siwan 2.

PRAVEEN KUMAR @ ABHISHEK KUMAR Son of Vinod Kumar Chaurasia Resident of Village- Manjhauli Road Mairwa, P.S.- Mairwa, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ayush Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 16-06-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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

The petitioners apprehend their arrest in connection with Mairwa P.S. Case no. 256 of 2021 registered under sections 307, 379 and other allied section of the Indian Penal Code. The main submissions advanced by learned counsel for the petitioners are that co-accused Neeraj Kumar assaulted the informant on his head with farsa and allegation against the petitioners is that they took away money and articles from the shop of the informant. Further submission is that, as a matter of fact, free

Patna High Court CR. MISC. No.63749 of 2021(2) dt.16-06-2022 2/2 fight took place between the parties and two persons sustained injury from petitioners' side of which injury report has been annexed as annexure 4. There is case and counter case between the parties and as per FIR there is land dispute between the parties. Compromise petition has been filed as Annexure 5.

Learned APP opposes the prayer for anticipatory bail. Learned counsel for the informant who is present but denied to have knowledge the factum of said compromise. Having considered the above submissions and land dispute is admitted between the parties, good relation has restored in between the parties as submitted and also considered the main allegation is against co-accused person, 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 Addl. Chief Judicial Magistrate VII, Siwan in connection with Mairwa P.S. Case no. 256 of 2021 subject to condition as laid down under section 438(2) Cr.P.C.

Further on the condition that factum of the compromise shall be verified by the court below at the time of accepting bail bond.

(Shailendra Singh, J) s.hassan/- U T