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Patna High CourtCR. MISC./60882/2019bail granted

Surjeet Kumar @ Survjeet Kumar v. The State Of Bihar

2019-09-25Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60882 of 2019 Arising Out of PS. Case No.-108 Year-2019 Thana- DHANSOI District- Buxar ====================================================== 1.

SURJEET KUMAR @ SURVJEET KUMAR, aged about 24 years, Male, Son of Anil Kumar, Resident of Village - Dulfa, P.S.- Dhansoi in the Distt.- Buxar 2.

Jayram Singh, aged about 52 years, Male, Son of Sri Vishwanath Singh, Resident of Village - Akodha, P.S.- Dinara in the Distt. of Rohtas 3.

Abhishek Kumar @ Abhishek Singh, aged about 28 years, Male, Son of Jayram Singh Resident of Village - Akodha, P.S.- Dinara in the Distt. of Rohtas ... Petitioners

Versus

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

For the Petitioners :

Mr. Sunil Kumar, Adv.

For the Opposite Party :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-09-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.

The petitioners seek pre-arrest bail in connection with Dhansoi P.S. Case No. 108 of 2019 for the offences alleged under Sections 147, 148, 149, 341, 323, 307, 379, 385, 506, 420, 427 and 354B of the Indian Penal Code.

The accusation is that in the morning of 14.07.2019, the informant, Rajendra Singh, along with his wife, was at his paddy field, at that time, at that time, petitioners, along with Ajit Kumar and Anil Kumar, along with eight unknown persons, variously armed with weapons, came there with tractor and surrounded him and his wife. Ajit Kumar pointed the gun on

Patna High Court CR. MISC. No.60882 of 2019(2) dt.25-09-2019 2/3 the temple, thereafter, Surjeet Kumar (petitioner no. 1) got his signature on plain paper and started to cause assault. At that time, petitioner no. 1 tried to press his neck and Ajit Kumar took the cash of Rs.500/- from his pocket and Abhishek Kumar (petitioner no. 3) torn the clothes of the wife of the informant and they also damaged the paddy by plying the tractor causing loss to him.

Learned counsel appearing for the petitioners submits that petitioner no. 1, Surjeet Kumar, is nephew, petitioner no. 2 is brother-in-law and petitioner no. 3 is also nephew of the informant and due to land dispute, for which a Title Suit No. 50 of 2016 is also pending, informant has lodged the present case with false allegation. Further, submission is that while petitioners 1 and 2 are accused in two cases, petitioner no. 3 is accused on one case, which are also lodged by the informant of the present case, due to land dispute.

Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Dhansoi P.S. Case No. 108 of 2019 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to

Patna High Court CR. MISC. No.60882 of 2019(2) dt.25-09-2019 3/3 the satisfaction of the Chief Judicial Magistrate, Buxar, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T