Bhushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72657 of 2024 Arising Out of PS. Case No.-412 Year-2022 Thana- MURLIGANJ District- Madhepura ====================================================== Bhushan Kumar Son of Late Shambhu Mandal Resident of VillageBhatkhora, Ward No. 1, P.S.- Murligan, Distt.- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad For the Opposite Party/s :
Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-11-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Murliganj Police Station Case No. 412 of 2022, disclosing offences under Sections 341, 323, 324, 379, 307, 447, 354A, 504, 34 of the Indian Penal Code.
3. As per the prosecution case, petitioner along with other accused persons assaulted the informant's husband, informant and her son by lathi, danda etc.
4. Learned Counsel for the petitioner submits that from perusal of the FIR, it would be evident that there is a land dispute between the parties. Both the parties are agnates. There is a delay of fourteen days in lodging the FIR inasmuch as the date of occurrence has allegedly taken place on 03.09.2022 but
Patna High Court CR. MISC. No.72657 of 2024(2) dt.11-11-2024 2/2 the FIR has been lodged on 17.09.2022. Referring to the impugned order, learned counsel submits that despite the lapse of one year, injury report was not produced by the prosecution.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are agnates, there is land dispute between them and allegation against the petitioner is general and omnibus in nature, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four 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 Additional Chief Judicial Magistrate 1st, Madhepura, in connection with Murliganj Police Station Case No. 412 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T