Kunal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66047 of 2023 Arising Out of PS. Case No.-212 Year-2020 Thana- SARAI RANJAN District- Samastipur ====================================================== 1.
Kunal Kumar, Sex-Male, aged about 23 years, S/O Late Ashwani Ray, R/O Village- Sarairanjan Dih, P.O. and P.S.- Sarairanjan, Dist- Samastipur, Pin Code- 848127 2.
Jitendra Kumar Ray, Sex-Male, aged about 42 years, Son Of Maheshwar Kumar Ray, R/O Village- Sarairanjan Dih, P.O and P.S.- Sarairanjan, DistSamastipur, Pin Code- 848127 ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Manish Kumar, Advocate For the Opposite Party :
Mrs. Sharda Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-02-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Sarairanjan P.S. Case No. 212 of 2020 dated 20.12.2020 registered for the offences punishable under Sections 341, 323, 324, 307, 379 and 427 of the I.P.C.
3. As per the prosecution case, the informant asked to measure a piece of land in which he has also share. On which, the petitioners began to abuse and assault him with an iron rod and knife. The petitioner no. 1 snatched a
Patna High Court CR. MISC. No.66047 of 2023(3) dt.27-02-2024 2/3 golden chain from the informant and damaged the furniture of his house.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have been falsely implicated in this case. It is submitted that there is land dispute between the parties. It is further submitted that both the parties are agnates. It is further submitted that the injury sustained by the informant is on non-vital part of the body. The petitioner no. 1 has clean antecedent whereas the petitioner no. 2 has three criminal antecedent as stated in paragraph no. 3 of the bail application.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Samastipur, in connection with Sarairanjan P.S. Case No. 212 of 2020,
Patna High Court CR. MISC. No.66047 of 2023(3) dt.27-02-2024 3/3 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T