Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70014 of 2023 Arising Out of PS. Case No.-510 Year-2022 Thana- KONCH District- Gaya ====================================================== 1.

Ajit Kumar Son of Yogendra Yadav, Resident of Village - Karma, Police Station - Konch, District- Gaya.

2.

Biranjan Kumar, Son of Yogendra Yadav, Resident of Village - Karma, Police Station - Konch, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Bhushan Kumar , Advocate For the Opposite Party/s :

Mr. Choubey Jawahar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-02-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 148 , 149, 307, 354, 379, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case , this petitioner along with other co-accused persons armed with lathi, danda and iron rod abused and assaulted the informant and his father on account of which they sustained injury on their heads.

4. It is submitted on behalf of the petitioners that the reason behind the occurrence is pending land dispute between the parties. There is general and omnibus allegation of assault

Patna High Court CR. MISC. No.70014 of 2023(4) dt.27-02-2024 2/2 against these petitioners. Case and counter case between the parties. It is next submitted that a Title Suit No. 15 of 2017 is pending between the parties. Similarly situated co-accused person has already granted bail by this Court vide order dated 09.08.2023 in Cr. Misc. No. 48750 of 2023 . Petitioner claims clean antecedent.

5. Learned counsel for the State oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate , 1st Class, Gaya in connection with KONCH P.S. Case No. 510 of 2022 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Koushik/- U T