Bindeshwar Rai @ Bindeshwar Prasad @ Ghantu Pahalwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61804 of 2019 Arising Out of PS. Case No.-560 Year-2019 Thana- DANAPUR District- Patna ====================================================== BINDESHWAR RAI @ BINDESHWAR PRASAD @ GHANTU PAHALWAL Son of Lat3e Nawa Rai Resident of Village- Saguna Nadipar, P.S.- Danapur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. D.K. Singh, Sr. Adv For the Opposite Party/s :

Mr.Ajit Kumar, APP For Informant : Mr. Sunil Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2020 This application, for grant of anticipatory bail, arises out of Danapur P.S. Case No. 560 of 2019, disclosing offences under Sections 302, 384, 385, 386, 307, 120B, 379 /34 of the Indian Penal Code.

Prosecution case is that husband of the informant has purchased a piece of land in the year 2013 from Ranjan Kumar and Soni Devi and on that land one Gorakh Kumar was also partner and for the ownership of the land a case was going on in the court below and prior to few days before the occurrence, the said case was decided in favour of prosecution party and when the informant and her husband along with others went to see the construction of boundary wall on the said land, about 20 to 25 persons came there and stopped them from doing construction

Patna High Court CR. MISC. No.61804 of 2019(3) dt.08-01-2020 2/3 work and when husband of informant objected, in which scuffle took place between the parties and accused persons resorted to firing and in the said firing one of persons from the informant side died and another received serious injury and it is alleged that petitioner was also actively involved in the occurrence. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and the witnessed during investigation has stated that the petitioner was only the member of mob and the allegation of firing is against other accused persons of this case. It has also been submitted that petitioner is an old person aged about 70 years and is ready to abide by any condition imposed on him Heard learned A.P.P. as well as learned counsel for the informant. They have opposed the prayer for anticipatory bail.

Having heard both sides, considering the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna, in

Patna High Court CR. MISC. No.61804 of 2019(3) dt.08-01-2020 3/3 connection with Danapur P.S. Case No. 560 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T