Kamal Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.707 of 2022 Arising Out of PS. Case No.-767 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

KAMAL KISHORE SINGH Son of Late Ganesh Singh Resident of Village - Baidyanathpur @ Khanpur, P.s.- Ahiyapur, Distt.- Muzaffarpur. 2.

Chandan Kumar Son of Chaturbhuj Singh Resident of Village - Baidyanathpur @ Khanpur, P.s.- Ahiyapur, Distt.- Muzaffarpur. 3.

Dinkar Kumar Son of Late Lakhindra Prasad Resident of Village - Mustafapur, P.s.- Ahiyapur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in Ahiyapur P.S. Case No.767 of 2019, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 307 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioners and other co-accused persons are said to have assaulted the informant by means of pistol, lathi and rod causing injuries to him. Petitioner No.2, Chandan Kumar is said to have snatched Rs.40,000/- from the informant. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.707 of 2022(2) dt.27-07-2022 2/2 present case. There is case and counter case between the parties due to land dispute. Both sides sustained injuries. It is further submitted that the injuries are simple in nature. It is lastly submitted that the petitioners no.1 and 3 have got no criminal antecedent and petitioner no.2 has got one criminal antecedent as stated in paragraph-3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Taking into consideration the facts that there is case and counter case between the parties, both sides sustained injuries and there is admitted land dispute between the parties, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur in connection with Ahiyapur P.S. Case No.767 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T