Kundan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65221 of 2019 Arising Out of PS. Case No.-262 Year-2019 Thana- SUPAUL District- Supaul ====================================================== KUNDAN SAH Son of Late Ram Shwarth Sah Resident of Village - Kariho, P.S.- and Distt - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-11-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Supaul Police Station Case No. 262 of 2019, disclosing offences under Sections 341/323/324/307/379/34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner assaulted the informant, his wife and son, by means of iron-rod.

Learned Counsel for the petitioner submits that both the parties are co-villagers and there is land dispute between them. He further submits that there is case and counter case inasmuch as the side of the petitioner has also filed Compliant Case No. 379C of 2019. He, referring to Annexure-2, submits

Patna High Court CR. MISC. No.65221 of 2019(2) dt.04-11-2019 2/2 that the injuries caused to the victims are simple in nature. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-villagers, there is land dispute between them and the injuries are found to be simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.

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 Chief Judicial Magistrate, Supaul, in connection with Supaul Police Station Case No. 262 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √