Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68408 of 2021 Arising Out of PS. Case No.-70 Year-2021 Thana- KASIMBAZAR District- Munger ====================================================== Ashish Kumar Son of Sudhir Sah Resident of Village- Naya Tola, Dariyapur, P.S.- Kasimbazar, District- Munger.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rakesh Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner seeks pre-arrest bail in connection with Kasim Bazar P.S. Case No. 70 of 2021 lodged under Sections 147, 148, 149, 326 and 302 of the Indian Penal Code read with Section 27 of the Arms Act.

Learned counsel for the petitioner submits that in the F.I.R. there were in total 9 known and 10-12 unknown persons made accused, there is specific allegation against Chandan Kumar who put gun fire on the nephew of the informant. Against other accused persons including petitioner there is no

Patna High Court CR. MISC. No.68408 of 2021(2) dt.16-06-2022 2/3 allegation at all. Learned counsel further submits that from the content of F.I.R. it is clear that there is a land dispute exists between the parties. Learned counsel further submits that the present F.I.R. in which petitioner has been made accused is Kasim Bazar P.S. Case No. 70 of 2021 whereas the brother of the present petitioner has already file a Criminal Case before the same police station i.e. Kasim Bazar P.S. Case No. 67 of 2021. Learned counsel for the petitioner further submits that some more F.I.R. were lodged by the parties against each other. Learned A.P.P. for the State submits that there is no allegation against the petitioner rather allegation only against Chandan Kumar.

Considering the present facts and circumstances that there is long time land dispute going on between the parties and in the F.I.R. specific allegation is against Chandan Kumar only and the petitioner having clean antecedent, let the petitioner, above named, in the event of his arrest/surrender before the learned court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kasim Bazar P.S. Case No. 70 of

Patna High Court CR. MISC. No.68408 of 2021(2) dt.16-06-2022 3/3 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Dr. Anshuman, J) ved/- U T