Hare Ram Kumar @ Hare Ram Kr. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54274 of 2019 Arising Out of PS. Case No.-44 Year-2019 Thana- PIRI BAZAR DistrictLakhisarai ====================================================== 1.

HARE RAM KUMAR @ HARE RAM KR. S/o Late Nawal Kishore Prasad Singh R/o village- Ghosaith, P.S.- Piri Bazar, District- Lakhisarai 2.

Sanjeev Kumar @ Pintu Kumar @ Sanjeev Kumar Singh S/o Late Nawal Kishore Prasad Singh R/o village- Ghosaith, P.S.- Piri Bazar, DistrictLakhisarai ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Mukesh Kumar, Advocate.

For the Opposite Party:

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 29-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code registered in connection with Piri Bazar P.S. Case No. 44 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and there is case and counter case between the parties. The accusation of assault with iron rod on the head of the informant's husband are general and omnibus against the petitioners along with co-accused Anurag Kumar and Aman Kumar without attributing the specific injury

Patna High Court CR. MISC. No.54274 of 2019(2) dt.29-08-2019 2/2 individually. Similarly situated co-accused Aman Kumar has been granted anticipatory bail by this Court by order dated 19.07.2019 in Cr. Misc. No. 44645 of 2019. The petitioners claim clean antecedents.

4. Learned APP on the other hand invites reference to the order of the learned Additional District & Sessions Judge which has taken note of the materials in the case and injury report, according to which the injury sustained by Sanjay Kumar (informant's husband) is grievous in nature.

5. Having regard to the nature of accusations, gravity of the offence alleged as well as injuries sustained by Sanjay Kumar is grievous in nature, this Court is not inclined to grant the privilege of anticipatory bail to the petitioners. The anticipatory bail petition stands dismissed.

6. If the petitioners surrender and seek regular bail before the learned Court below the same shall be considered on its own merit in accordance with law on the same day, without being prejudiced by any observation in the present order. (Vikash Jain, J) Ibrar/BT U T