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Patna High CourtCR. MISC./66427/2021bail granted

Navin Kumar v. The State Of Bihar

2022-04-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66427 of 2021 Arising Out of PS. Case No.-364 Year-2021 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== 1.

NAVIN KUMAR S/o Sri Uma Shankar Bhagat Resident of VillageMadhubani, P.S.- Sadar, Distt- Muzaffarpur. 2.

Uma Shankar Bhagat S/o Late Nageshwar Bhagat Resident of VillageMadhubani, P.S.- Sadar, Distt- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Verma For the Opposite Party/s :

Mr.Ramchandra Singh Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2022 Heard learned counsel for the parties.

Petitioners pray for bail in a case registered for the offence under Section 307 & other allied sections of the Indian Penal Code.

As per the F.I.R., petitioner no.1 is alleged to have assaulted on the head of informant with iron rod, whereas petitioner no. 2 is alleged to have assaulted the informant with lathi on his back and thigh and snatched Rs. 2500/- from the pocket of informant and in the occurrence, the informant sustained five injuries, out of which, two injuries have been found to grievous in nature.

It is submitted on behalf of petitioners that both

Patna High Court CR. MISC. No.66427 of 2021(3) dt.18-04-2022 2/2 parties are neighbours and due to land dispute between the parties, there was fight between them and both sides sustained injury. There is case and counter case. Petitioners have clean antecedent and they are in custody since 22.09.2021. However, learned A.P.P. for the State and learned counsel for the informant opposed the bail petition and submitted that out of five injuries, injury no. 1 and 5 have been found to be serious in nature by the doctor.

Considering the backdrop of the case, in which, the incident took place and both sides sustained injury coupled with the fact that petitioner has got clean antecedent, the bail petition of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No. 364 of 2021. (Prabhat Kumar Singh, J) anay/- U T