Vijay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68807 of 2024 Arising Out of PS. Case No.-424 Year-2024 Thana- FATUA District- Patna ====================================================== 1.
Vijay Kumar Son of Rajnandan Singh Resident of Budhuchak, P.S.- Fatuha, District- Patna 2.
Vinay Kumar @ Bhura Son of Rajnandan Singh Resident of Budhuchak, P.S.- Fatuha, District- Patna 3.
Bablu Kumar Son of Rajnandan Singh Resident of Budhuchak, P.S.- Fatuha, District- Patna 4.
Pappu Kumar Son of Raghwendra Singh Resident of Budhuchak, P.S.- Fatuha, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harish Kumar, Advocate For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, A.P.P.
For the Informant :
Mr. Bhim Sen Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-10-2024 At the outset, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with regard to petitioner No. 3.
2. Permission is granted.
3. The anticipatory bail application with regard to petitioner No. 3 is, accordingly, dismissed as withdrawn.
4. Heard learned counsel for the petitioners and the State.
5. Petitioner Nos. 1, 2 & 4 apprehend arrest in a case registered for the offences punishable under Sections 126,
Patna High Court CR. MISC. No.68807 of 2024(2) dt.23-10-2024 2/3 115(2), 109, 352, 3512), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
6. As per prosecution case, on 09.07.2024, while son of informant was going to his house, on the way, he saw that some persons were constructing pillars on the land of informant with intent to capture it and when he tried to object, all the accused persons assaulted him with butt of pistol and also demanded ransom.
7. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case due to previous land dispute between the parties for which Title Suit No. 101/2023 is pending before the court below. Allegation of assault is general and omnibus. Injury allegedly caused by these petitioners is simple in nature.
8. Learned counsel for the informant vehemently opposed the bail application.
9. Considering the nature of accusation and simple injury, this anticipatory bail is allowed and it is ordered that let the above named petitioner Nos. 1, 2 & 4 in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.68807 of 2024(2) dt.23-10-2024 3/3 amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna City in connection with Fatuha P. S. Case No. 424 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T