Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66233 of 2024 Arising Out of PS. Case No.-199 Year-2024 Thana- BELAGANJ District- Gaya ====================================================== 1.
Manish Kumar Son of Pappu Prasad Resident of Village- Pranpur, PSBelaganj, Distt.- Gaya 2.
Nilam Devi Wife of Pappu Prasad Resident of Village- Pranpur, PSBelaganj, Distt.- Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rahul Kumar Son of Narendra Sharma Resident of Village- Pranpur, PSBelaganj, Distt.- Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Prasad, Adv.
Mr. Ashok Kumar, Adv.
For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Belaganj P.S. Case No. 199 of 2024 registered for the offences punishable under Sections 341, 323, 504, 506, 379, 307/34 of the Indian Penal Code.
3. The prosecution case, in short, is that co-accused Pappu Prasad executed an agreement in the name of the Informant to sell the land bearing Khata No. 139, Plot No. 1084, Area 45.5 decimal and also the Informant paid money to Pappu
Patna High Court CR. MISC. No.66233 of 2024(2) dt.01-10-2024 2/3 Prasad both by way of cash and online mode but, he did not executed sale-deed instead he along with his family members including petitioners assaulted the Informant by slap and fists. It is also alleged that the accused persons also snatched Rs. 50,000/- from the pocket of the Informant.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case due to dirty village politics. The present case is the counter blast of Belaganj P.S. Case No. 198 of 2024. There is a land dispute between the parties. He further submits that the whole issue has arisen after the agreement of sale between the parties which is of civil in nature. He further submits that all Sections are bailable except Sections 307 and 379 of the I.P.C. which are not attracted against the petitioners. The petitioners have no criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioners, let the petitioners abovenamed, in the event of their arrest or surrender before the
Patna High Court CR. MISC. No.66233 of 2024(2) dt.01-10-2024 3/3 learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 Belaganj P.S. Case No. 199 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Rudra Prakash Mishra, J) rishi/- U T