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Patna High CourtCR. MISC./57680/2019bail granted

Ranjit Kumar v. The State Of Bihar

2019-09-13Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57680 of 2019 Arising Out of PS. Case No.-237 Year-2019 Thana- PATLIPUTRA District- Patna ====================================================== RANJIT KUMAR, son of Surendra Singh, resident of House No. 12, Gali No. 06, Near Ram Janaki Mandir, East Mainpura, P.S.- Patliputra, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lovekush Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-09-2019 The petitioner apprehends his arrest in connection with Patliputra P. S. Case No. 237 of 2019 registered under Sections 307, 323,324,341 and 504/34 of the Indian Penal Code. Allegation against the petitioner is that petitioner along with other accused persons, 12 in numbers, assaulted the father of the informant.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case due to land dispute between the parties inasmuch as a Title Suit No. 291 of 2007 was filed by the side of the petitioner against the informant which was decreed in favour of father of the informant. He submits that no overt act has been alleged against the petitioner in the entire FIR.

On the other hand, Mr. Vijay Kumar Sinha, learned

Patna High Court CR. MISC. No.57680 of 2019(2) dt.13-09-2019 2/2 counsel appearing on behalf of the informant, vehemently opposes the prayer for anticipatory bail and submits that the learned court below directed the petitioner to surrender and seek regular bail but instead of surrendering, the petitioner has approached this Court for anticipatory bail.

After having heard learned counsel for the parties and taking into consideration the fact that from perusal of FIR, no overt act has been alleged against the petitioner and there is land dispute between the parties, I am inclined to grant anticipatory bail to the petitioners.

Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sub Judge XII-cum-ACJM, Patna in connection with Patliputra P.S.Case No. 237 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T