Nunulal Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62943 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- SHANKARPUR District- Madhepura ====================================================== 1.

Nunulal Das S/o Late Ramlal Das R/o Village - Maura Jharkaha, Ward No -12 P.S.- Shankarpur, District- Madhepura 2.

Kundan Kumar Raj @ Kundan Kumar Das S/o Nunulal Das R/o Village - Maura Jharkaha, Ward No -12 P.S.- Shankarpur, District- Madhepura 3.

Pawan Kumar Das @ Pawan Das S/o Nunulal Das R/o Village - Maura Jharkaha, Ward No -12 P.S.- Shankarpur, District- Madhepura 4.

Babu Saheb @ Babu Sahab @ Babu Sahab S/o Nunulal Das R/o Village - Maura Jharkaha, Ward No -12 P.S.- Shankarpur, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar, Adv.

For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

After some arguments, learned counsel for the petitioners seeks permission to withdraw this application as against the petitioner no.3.

3.

Permission is granted.

4.

Accordingly, this application with regard to petitioner no.3 is dismissed as withdrawn.

5.

However, petitioner no.3 is at liberty to surrender before the learned Court below within six weeks from today and seek

Patna High Court CR. MISC. No.62943 of 2024(2) dt.05-10-2024 2/3 regular bail and the learned Court below would pass the order, preferably, on the same day, in accordance with law. 6.

Now, this application is being heard for consideration of anticipatory bail of petitioner nos.1, 2 and 4. 7.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 354(B), 447, 379, 387, 504, 506, 34 of the IPC.

8.

The petitioners are alleged to have assaulted the informant with lathi and when her family came for rescue, they were also assaulted by the petitioners. Further, there is allegation of demand of ransom of Rs.Five Lakh and snatching of Rs.20,000/- and gold ring and chain.

9.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior motive. It is submitted that there is an admitted land dispute between the parties and for the alleged occurrence there is also a case and counter-case between the parties. There is no specific overt act against the petitioners and both sides have sustained injuries. One of the injury has been found grievous in nature, but the same is not specific against any accused persons. Petitioners have no criminal antecedent.

Patna High Court CR. MISC. No.62943 of 2024(2) dt.05-10-2024 3/3 10.

Learned APP for the State opposed the prayer for bail. 11.

Having regard to the facts and circumstances of the case, let the above named petitioner nos.1, 2 and 4, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Shankarpur P.S. Case No.09 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T