Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55985 of 2019 Arising Out of PS. Case No.-148 Year-2019 Thana- CHAUTHAM District- Khagaria ====================================================== 1.

Ankit Kumar, aged about 19 years (Male), Son of Bangali Singh @ Ranjeet Kumar Singh, Resident of Village - Tegachhi at present Village - Deoka, P.O.- Kaithi, P.S.- Chautham, District - Khagaria, permanent address- R/o Village - Sanha Naya Tola, P.S.- Sahebpur Kamal, District - Begusarai. 2.

Sanjay @ Chandan Kumar, aged about 21 years (Male), Son of Bhuto Singh, Resident of Village - Deoka, P.O.- Kaithi, P.S.- Chautham, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-09-2019 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners apprehend their arrest in connection with Chautham P.S. Case No. 148 of 2019 registered under section 452, 366, 511, 506 and 34 of the I.P.C. The allegation against the petitioners is that petitioners along with two other accused persons tried to forcibly kidnap the daughter of the informant on the gun point and upon protest they abused the informant. However, two accused persons were apprehended and these petitioners succeeded in fleeing away.

Patna High Court CR. MISC. No.55985 of 2019(3) dt.05-09-2019 2/3 Learned counsel appearing for the petitioners submits that the petitioners have falsely been implicated in this case inasmuch as there was a dispute relating to construction of a hut by the informant on Waterways bandh which was being protested by the petitioners as well as co-villagers and upon which scuffle took place between the parties. Learned counsel further submits that the motorcycle which was produced by the informant to the police allegedly seized by the informant and same does not belong to the petitioners. Learned counsel further submits that the petitioners have got no criminal antecedent. After having heard learned counsel for the parties and taking into consideration the fact that the petitioners have got no criminal antecedent and it appears that there is a dispute pertaining to construction of a hut on the Waterways bandh by the informant, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioners, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Satish Mani Tripathi,

Patna High Court CR. MISC. No.55985 of 2019(3) dt.05-09-2019 3/3 learned Judicial Magistrate, Ist Class, Khagaria in connection with Chautham P.S. Case No. 148 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Sinha, J) Anjula/- U