Amit Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24394 of 2017 Arising Out of PS.Case No. -32 Year- 2017 Thana -GURARU District- GAYA ======================================================

1. Amit Kumar S/o Suresh Chandrabanshi

2. Pappu Kumar S/o Bhim Chandrabanshi

3. Chhotu Kumar S/o Naresh Chandrabanshi all residents of Village - Bara Guraru, P.S. - Guraru, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Sri Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-06-2017 Heard Shri Vinod Kumar, the learned advocate for the petitioners and learned APP for the State. The petitioners in the present case are apprehending arrest in Guraru P.S. Case No. 32 of 2017 for the offence under sections 341, 323, 307 and 504 of the Indian Penal Code. The learned counsel for the petitioners while drawing my attention to the fardbeyan as contained in Annexure-1 would submit that there is no specific allegation of assault against the petitioners. A land dispute is going on between the parties and there is a counter case vide Guraru P.S. Case No. 33 of 2017. He also submits that other six accused persons have been granted bail by the Additional Sessions Judge-7th, Gaya vide BP No. 1165 of

Patna High Court Cr.Misc. No.24394 of 2017 (2) dt.05-06-2017 2017. A statement has been made in paragraph-3 of the application that the petitioners are not accused in any other case except the present case.

The learned APP for the State opposed the prayer for bail.

In the facts and circumstances stated above, considering that the petitioners have no criminal history and there is no specific allegation against the petitioners, I am inclined to grant anticipatory bail to the petitioners, namely, (1) Amit Kumar; (2) Pappu Kumar; and (3) Chhotu Kumar, in the event of their arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Gararu P.S. Case No. 32 of 2017 subject to the condition as laid down under Section 438(2) of the Cr.P.C. The petitioners shall join the investigation and cooperate.

(Rajeev Ranjan Prasad, J) S.Sb/- U T