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Patna High CourtCR. MISC./40477/2017allowed

Munna Kumar @ Mandeep Kumar And ORS v. The State Of Bihar

2017-10-17Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40477 of 2017 Arising Out of PS.Case No. -69 Year- 2017 Thana -KUTUMBA District- AURANGABAD ======================================================

1. Munna Kumar @ Mandeep Kumar,

2. Chunnu Kumar Mahto @ Pradeep Kumar Mahto @ Chunnu Mahto Both are Sons of Ramdinesh Mahto,

3. Arun Kumar @ Arun Kumar Verma, Son of Upendra Mahto,

4. Bholu Kumar @ Bhola Kumar @ Ranjeet Kumar, Son of Lallu Mahto All are Resident of Village- Chankap, P.S. Kutumba, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending arrest in connection with Kutumba P.S. Case No. 69 of 2017 for an offence under sections 147, 148, 149, 341, 323, 325, 324, 307, 379 and 504 of the Indian Penal Code.

Counsel for the petitioners submits that on account of dispute as to the measurement of land, the alleged incident took place and these petitioners are Gotias of the informant side. He submits that petitioners have got no criminal antecedent. Referring to the nature of allegation, he submits that in the scuffle only

Patna High Court Cr.Misc. No.40477 of 2017 (3) dt.17-10-2017 2/2 simple injury was sustained by the informant side and the court may consider the background of the case which is civil in nature, grant anticipatory bail to the petitioners.

He submits that allegation against the petitioner nos. 3 and 4 that they were equipped with Sword and Farsa but from the injury report, it appears that no such injury was found which can be attributed to be caused by Sword and Farsa. Considering the totality of the facts situation, let the petitioners, named above, be released on bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Kutumba P.S. Case No. 69 of 2017 subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Ravi/- U T