Agam Kumar @ Agam Gautam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58795 of 2023 Arising Out of PS. Case No.-3 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Agam Kumar @ Agam Gautam S/O Ghanshyam Singh R/O Village And PostKhamhar, Ps. Begusarai Mufassil, Dist. Begusarai-851131 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saroj Kumar Sharma, Adv.
:
Mr. Vikash Kumar, Adv.
:
Mr. Anupam Bahadur, Adv.
For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-09-2023 Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 379, 387 and 34 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against 2 named accused persons alleging that when the informant was returning from his shop then the accused persons have snatched Rs.80,000/- on gun point.
4. Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the informant and the petitioner's father are full brothers and the petitioner is nephew of the informant. He submits that
Patna High Court CR. MISC. No.58795 of 2023(2) dt.13-09-2023 2/2 due to strong attitude of the informant, his brother had filed an application before Sarpanch of the Gram Kachhari of their locality in which they reside on 21.12.2022. According to which it transpires that there is a dispute relating to partition which is going on between the two families. Counsel further submits that with a view to teach a lesson, the present F.I.R. has lodged.
5. Learned APP for the State opposes the prayer for bail, but submits that upon bare reading of the application which has been filed before Sarpanch, it transpires that the dispute exists between the parties relating to partition of the land and earning of motorcycle agency.
6. In the present facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Mufassil P. S. Case No. 03 of 2023 dated 02.01.2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J.) prakashmani/- U T