Dharmbir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67241 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- AGRER District- Rohtas ====================================================== 1.
Dharmbir Kumar Son of Kamta Chaudhary @ Kamta Prasad Singh R/O Mohalla- Lewara Pashchim Tola, P.s.- Nokha, Dist.- Rohtas. 2.
Anuj Chaudhary @ Anuj Kumar Son of Vinod Chaudhary R/O MohallaLewara Pashchim Tola, P.s.- Nokha, Dist.- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Kant Singh For the Opposite Party/s :
Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-10-2024 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 Agrer Police Station Case No. 47 of 2024, disclosing offences punishable under Sections 341, 323, 325, 147, 149, 307 and 354 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 04.05.2024 at about 4:00 PM while the informant was filling soil for the purpose of road, the petitioners, along with other co-accused persons, arrived there, variously armed, abused the informant and when the informant protested, then on the order of petitioner no. 1, co-accused
Patna High Court CR. MISC. No.67241 of 2024(2) dt.22-10-2024 2/3 Gautam Chaudhary and petitioner no. 2 assaulted the informant by lathi due to which the fourth finger of the left hand of the informant got fractured.
4. Learned Counsel for the petitioners submits that there was a dispute regarding land between the parties and a counter case has also been lodged by the side of the petitioners, bearing Nokha P.S. Case No. 165 of 2024. He further submits that the grievous injury caused to the informant is not on the vital part of the body and the fourth finger of the informant was found broken.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that there is land dispute between the parties, a counter case has also been lodged by the side of petitioners and injury caused to the informant is not in vital part of the body, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
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 Judicial
Patna High Court CR. MISC. No.67241 of 2024(2) dt.22-10-2024 3/3 Magistrate, 1st Class, Sasaram, at Rohtas, in connection with Agrer Police Station Case No. 47 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Jyoti Kumari/- U T