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Patna High CourtCR. MISC./59017/2018bail granted

Bablu Kumar And ORS v. The State Of Bihar

2018-10-06Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59017 of 2018 Arising Out of PS.Case No. -328 Year- 2018 Thana -MANER District- PATNA ======================================================

1. Bablu Kumar, S/o Mahendar Rai,

2. Sunil Kumar @ Sourav Kumar S/o Mahendra Rai,

3. Tipan Rai S/o Late Amika Rai,

4. Pankaj Kumar S/o Late Tipan Rai,

5. Mahendar Rai @ Mahendra Kumar @ Mahendra Singh S/o Late Amika Rai, All R/o Vill.- Sahalichak, P.S.- Maner, Distt.- Patna. .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Pandey For the Opposite Party/s : Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in a case instituted for the offences under Sections 341, 323, 324, 307 and 325/34 of the Indian Penal Code.

Allegation has been made that petitioner Bablu Kumar and Sunil Kumar assaulted the informant with iron rod causing injury on his arm.

Learned counsel for the petitioner submits that there is a case and counter case between the parties. As per F.I.R., the assault has been made in the arms of the informant. There is no

Patna High Court Cr.Misc. No.59017 of 2018 (2) dt.06-10-2018 2/2 such allegation that assault has been made on any vital part of the body. F.I.R. itself shows that there is a land dispute between the parties.

Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let the petitioners, above named be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Miss Nutan Kumari, J.M. 1st Class, Danapur in connection with Maner P.S. Case No.328/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Shivaji Pandey, J) Amit/- U T