Shambhu Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 62035 of 2024 Arising Out of PS. Case No.-128 Year-2024 Thana- PIRO District- Bhojpur ====================================================== 1.
Shambhu Prasad S/o Late Dudheshwar Prasad R/o Village/ Mohalla - Piro, P.S. -Piro, District - Bhojpur 2.
Abhay Kumar S/o Shambhu Prasad R/o Village/ Mohalla - Piro, P.S. -Piro, District - Bhojpur 3.
Nirjay Kumar @ Niraj @ Neeraj Kumar S/o Shambhu Prasad R/o Village/ Mohalla - Piro, P.S. -Piro, District - Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-10-2024
1. Heard learned Counsel for the petitioners and learned APP for the State.
2. This application, for grant of anticipatory bail arises out of Piro case no. 128 of 2024, registered for the offences punishable under Sections 341, 323, 385, 307, 379, 504, 506 and 34 of the Indian Penal Code.
3. As per the First Information Report, on 26.03.2024 in the afternoon, the petitioners, along with other accused persons, demanded a sum of Rs. 5000/- as contribution amount (Chanda) for IPF party and when the husband of the informant refused to give donation, the accused persons entered into the
Patna High Court CR. MISC. No. 62035 of 2024(2) dt.17-10-2024 2/3 house and assaulted her. The petitioner no.1 assaulted the informant by fist and leg and also bitten her by teeth due to which she sustain injury on her finger. The petitioner no. 2 and 3 assaulted the sons of the informant by means of iron rod on their head due to which they sustained injury and the petitioner no. 3 with other broke the electric meter.
4. The learned counsel for the petitioners submits that both the parties are co-sharers and neighbours. Counter case, bearing Piro Police Station Case No. 139 of 2024, has also been lodged by side of the petitioners for the occurrence which has taken place on the same date and time. He next submits that the injuries caused to the informant and others are simple in nature. He further submits that the parties have filed joint compromise petition before the Court of A.C.J.M. IV.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-sharers, there is case and counter case between them and the injuries caused to the victims are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
Patna High Court CR. MISC. No. 62035 of 2024(2) dt.17-10-2024 3/3 their arrest or surrender before the Court below within four weeks, 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 Additional Chief Judicial Magistrate-IV, Bhojpur at Ara, in connection with Piro Police Station Case No. 128 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) Siwani/- U T