Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59417 of 2024 Arising Out of PS. Case No.-164 Year-2024 Thana- DINARA District- Rohtas ====================================================== Sudhir Kumar Son of Late Rama Shankar Paswan Resident of Chorpokhar English, P.S. - Dinara, District - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Choudhary For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-09-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 341, 323, 307 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that while he was working in his field, when accused persons including the petitioner came along with 4-5 unknown accused and assaulted him by fist and thereafter petitioner assaulted him by a rod causing injury on his head, thereafter, Shailendra @ Chandan fired twice but missed and an unknown accused assaulted him by lathi causing injury on hand.

4. The learned counsel submits that the petitioner has

Patna High Court CR. MISC. No.59417 of 2024(2) dt.17-09-2024 2/3 been falsely implicated in the instant case by the informant on account of dispute relating to property. It is also submitted that from side of petitioner, Dinara P.S. Case No.349/2023 and Dinara P.S. Case No.608/2023 were instituted against the informant and his side, alleging that informant was trying to grab his ancestral land and brother of the instant informant assaulted brutally the mother and sister of the petitioner. The learned counsel for the petitioner submits that since land dispute is going on in between the parties and criminal cases have been instituted by the side of the petitioner and mother and sister of the petitioner were assaulted brutally by the side of the informant, as such, the instant F.I.R. has been instituted.

It is also submitted that from perusal of the allegation, as alleged in the F.I.R., it would manifest that the blow was not repeated and as far as allegation of firing is alleged, the same appears to be ornamental, as no one was injured nor any cartridges were recovered from the place of occurrence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.59417 of 2024(2) dt.17-09-2024 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dinara P.S. Case No.164/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T