Vijay Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54563 of 2019 Arising Out of PS. Case No.-228 Year-2018 Thana- KAKO District- Jehanabad ====================================================== 1.

Vijay Shankar, Son of Late Naresh Sharma, Resident of Village -Lalachak, P.S.- Kako, Distt - Jehanabad.

2.

Madhesh Sharma, Son of Late Dinesh Sharma, Resident of Village -Nagwan, P.S.- Ghosi, Distt - Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2019 This is an application for grant of anticipatory bail in connection with Kako (Bhelawar O.P.) P.S. Case No.228 of 2018, disclosing offences under Sections 147, 148, 149, 341, 323, 325, 307, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case is that petitioners and other accused persons entered inside the house of the informant and there is allegation against petitioner no.1 is that he fired but does not hit anybody and against petitioner no.2 there is specific allegation that he has assaulted by butt of the rifle.

Submission of the learned counsel for the petitioners is that there is land dispute between the parties before a partition suit and tile suit both are going on between the parties. There is

Patna High Court CR. MISC. No.54563 of 2019(2) dt.30-08-2019 2/2 case and counter case between the parties. Further submission is that injuries were found on the person of the injured was simple in nature. Further submission is that petitioners are accused in other cases but the same has been filed by the informant side Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, who has opposed the prayer for anticipatory bail on the ground that there is direct allegation against these petitioners and they have criminal antecedent. Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned Judicial Magistrate, 1st Class, Jehanabad, in connection with Kako (Bhelawar O.P.) P.S. Case No.228 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T