Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67882 of 2024 Arising Out of PS. Case No.-44 Year-2024 Thana- Manikpur District- Lakhisarai ====================================================== 1.

Sunny Kumar S/O Mahesh Yadav R/O Village- Nista, P.S- Suryagarha, Distt.- Lakhisarai.

2.

Sonu Kumar S/O Daroga Yadav R/O Village- Nista, P.S- Suryagarha, Distt.- Lakhisarai.

3.

Santosh Kumar S/O Shankar Yadav R/O Village- Aure Chamdhara, P.SRamgarh, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-10-2024

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Manikpur Police Station Case No. 44 of 2024, dated 01.06.2024, disclosing offences punishable under Sections 341/323/386/504/506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, as per the First Information Report, is that in the morning of 28.05.2024, while the informant was at his field for ploughing the same, the petitioners, along with other co-accused persons, came there and

Patna High Court CR. MISC. No.67882 of 2024(2) dt.24-10-2024 2/3 demanded extortion/rangdari. The petitioner no. 1 wrapped towel around the neck of the informant and tried to tighten it, petitioner no. 3 abused and demanded rangdari of Rs. 50,000/- and the informant, out of fear, gave Rs. 10,000/- to petitioner no. 3. The accused persons also resorted to firing.

4. Learned Counsel for the petitioners submits that both the parties are co-villagers and there is land dispute between them. During the course of investigation, the witnesses have also supported the factum of land dispute between the parties. The criminal antecedents of the petitioners, as referred to in paragraph 3 of this application, was due to the land dispute between the petitioners and the informant. Nobody has sustained injury due to the alleged firing resorted by the petitioners and/or assault made by them.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the nature of allegation and the fact that there is land dispute between the parties, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

Patna High Court CR. MISC. No.67882 of 2024(2) dt.24-10-2024 3/3

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Manikpur Police Station Case No. 44 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √