Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57518 of 2015 Arising Out of PS.Case No. -150 Year- 2015 Thana -KAKO District- JEHANABAD ====================================================== Rahul Kumar, S/O Mahendra Singh, Residence of Village- Enba, P.S.- Kako, Dist.- Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Rashmi Kumari Mandilwar, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastrijee(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-01-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Kako P.S. Case No.150 of 2015 for allegedly having committed the offence under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code. Learned counsel for the petitioner very fairly submits that though the injury is said to have been caused by Fasuli blow inflicted by the petitioner, there has been no repetition of blows by the petitioner and, therefore, the allegation against the petitioner under Section 307 of the Indian Penal Code may not sustain. It is further submitted that there has been very longstanding land dispute between the parties and cases and counter

Patna High Court Cr.Misc. No.57518 of 2015 (2) dt.11-01-2016 2/2 cases have also been filed against both the parties. She further submits that the petitioner has no criminal antecedents and is willing and undertakes to co-operate with the investigation and present himself as and when required.

Considering the aforementioned facts and circumstances, a history of land disputes, case and counter cases between the parties and also that the petitioner has no criminal antecedents, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Sri B.M. Tripathi, learned Judicial Magistrate, 1st Class, Jehanabad, in connection with Kako P.S. Case No.150 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T