Sunil Bharti @ Sunil Kumar Bharti @ Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67451 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- SINGHESHWAR District- Madhepura ====================================================== Sunil Bharti @ Sunil Kumar Bharti @ Sunil Yadav Son of Yogendra Yadav R/o village- Dandari, Ward No. 02 Panchayat Behri (Behrari), P.S.- Singheshwar, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-10-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Singheshwar PS case no. 57 of 2024, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code and Section 27 of Arms Act. 3.

The prosecution story, as per the First Information Report, is that on 01.03.2024 in the afternoon, the accused persons named in the First Information Report along with the petitioner including 9-10 unknown persons being armed, entered into the house of the informant and started firing. It has further been alleged that Sunil Bharti i.e. the petitioner shot at the son of the informant, due to which, he sustained injury in his hand.

Patna High Court CR. MISC. No.67451 of 2024(2) dt.23-10-2024 2/3 4.

Learned Counsel for the petitioner submits that petitioner is not having any criminal antecedent and both parties are agnates/ co-sharers and the present F.I.R. has been lodged due to land dispute between them. A counter case has also been lodged by the side of the petitioner bearing Singheshwar PS case No. 56 of 2024, which is prior in time to the present case. Referring to Annexure-P/3, which is injury report, learned counsel submits that injury caused to the informant's son is simple in nature.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are co-sharers/ agnates, there is land dispute between them, a counter case has been lodged by the side of the petitioner and injury caused to the victim is simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six 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 Chief Judicial Magistrate, Madhepura in

Patna High Court CR. MISC. No.67451 of 2024(2) dt.23-10-2024 3/3 connection with Singheshwar PS case no. 57 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T