Kishore Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31092 of 2018 Arising Out of PS.Case No. -377 Year- 2015 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Kishore Kumar S/o Late Rajeshwar Prasad, R/o Vill.- Mahmodpur Maujauliya P.S.- Rajepur , District- East Champaran presently residing at Patligram Society Bajranj Punj Puri, P.S.- Alamganj, Gaigaht, Patna800007. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ashok Paswan S/o Dhanpat Kumar , R/o Vill.- Salempur P.S.- Rajepur, District- East Champaran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Soni Shrivastava For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-06-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint Case No. 377(C) of 2015 registered for the offences punishable under Sections 147, 307, 354, 328 of the Indian Penal Code and section 3(a) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities Act) 1989 and section 3⁄4 of Prevention of Witch Practice Act 1999.

Submission on behalf of the petitioner is that the present case has been lodged on account of previous enmity of land dispute and, as a matter of fact, no such occurrence as alleged

Patna High Court Cr.Misc. No.31092 of 2018 (2) dt.21-06-2018 2/2 in the aforesaid case did ever take place. It is further submitted that co-accused Prabhat Kumar and Sudhir Kumar have already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 11.05.2018 passed in Cr. Misc. No. 27706 of Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in Complaint Case No. 377 (C) of 2015 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) N.K/- U T