Mani Bhushan Ram @ Mani Bhushan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56666 of 2024 Arising Out of PS. Case No.-32 Year-2020 Thana- LAUKAHI District- Madhubani ====================================================== Mani Bhushan Ram @ Mani Bhushan Ray Son of Late Ashok Ram R/O Vill.- Bhaptiyahi, P.S.- Laukahi, Dist.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti, Advocate :

Mr.Nitu Kumari, Advocate For the Opposite Party/s :

Ms.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-09-2024 1.

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

2.

This application, for grant of anticipatory bail, arises out of Laukahi PS case no. 32 of 2020, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 06.02.2020, during course of measurement of the property of the informant and co-accused Ram Babu Ram having Khesra no. 1591, some altercation took place and the petitioner assaulted the informant by means of farsa on his head, due to which, he sustained injury.

4.

Learned Counsel for the petitioner submits that

Patna High Court CR. MISC. No.56666 of 2024(2) dt.04-09-2024 2/3 occurrence has taken place due to previous land dispute between the informant and the petitioner's side. Learned counsel further submits that the injury caused to the informant is simple in nature, as would be evident from injury report, annexed as Annexure-P/2 to the present petition. He next submits that during course of investigation, the petitioner was given advantage of Section 41(A) of Code of Criminal Procedure but charge-sheet has been submitted against the petitioner and others under Section 308 and allied sections of the Indian Penal Code and the learned Magistrate has taken cognizance. 5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that occurrence has taken place due to land dispute between the parties and injury caused to the informant is simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Additional Chief Judicial Magistrate-IV,

Patna High Court CR. MISC. No.56666 of 2024(2) dt.04-09-2024 3/3 Jhanjharpur, Madhubani in connection with Laukahi PS case no. 32 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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