Birendra Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53914 of 2019 Arising Out of PS. Case No.-86 Year-2019 Thana- KARPI District- Jehanabad ====================================================== Birendra Bind, aged about 30 years, (Male), Son of Krishana bind, Resident of Village- Mahabirganj, P.S.- Karpi, District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Karpi P.S. Case No. 86 of 2019 registered under sections 341, 323, 354(B), 452, 504 of the IPC and under Sections 25(1b)a, 26 of the Arms Act. The allegation against the petitioner, as per the first information report, is that the petitioner holding country made pistol in his hand assaulted the informant and also outraged the modesty of the daughter-in-law of informant. It is further alleged that informant snatched the country made pistol from the hand of the petitioner along with cartridges and handed over to the police in the morning of 20.05.2019.

Mr. Ranjay Kumar Singh, learned counsel appearing

Patna High Court CR. MISC. No.53914 of 2019(2) dt.28-08-2019 2/3 for the petitioner submits that the petitioner has falsely been implicated in this case due to land dispute. Learned counsel further submits that from perusal of the first information report, it is apparent that there was a dispute between the parties relating to dalan situated in front of the house of informant. Learned counsel also submits that the country made pistol was not recovered from the possession of the petitioner and from perusal of the first information report and the seizure list, it would be evident that the same was handed over to the police by the informant himself. Learned counsel further submits that the petitioner has got no criminal antecedent.

After having heard learned counsel for the parties and taking into consideration the fact that the petitioner has got no criminal antecedent and there is a land dispute between the parties and further the country made pistol and cartridges have not been recovered from the petitioner at the time of occurrence, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.53914 of 2019(2) dt.28-08-2019 3/3 amount each to the satisfaction of the learned A.C.J.M.-Ist, Arwal in connection with Karpi P.S. Case No. 86 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U