Shiv Kumar @ Shiv Kumar Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71999 of 2024 Arising Out of PS. Case No.-245 Year-2024 Thana- KONCH District- Gaya ====================================================== 1.
Shiv Kumar @ Shiv Kumar Prasad Son of Late Shiv Ratan Ram @ Shiv Jatan Prasad R/O Vil.- Parsawan, P.S.- Konch, Dist.- Gaya. 2.
Amit Kumar Son of Shiv Kumar Paswan R/O Vil.- Parsawan, P.S.- Konch, Dist.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar, Advocate For the Opposite Party/s :
Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-10-2024 1.
Heard learned Counsel for the petitioners and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Konch PS case no. 245 of 2024, disclosing offences punishable under Section 307 and other allied sections of the Indian Penal Code.
3.
The prosecution story, as per the First Information Report, is that on 10.06.2024, while the informant was sitting with his cousin brother at his door in the evening, petitioners along with other accused persons arrived there and due to previous land dispute with the cousin of the informant, they assaulted his cousin brother Bipin Kumar by lathi, danda and
Patna High Court CR. MISC. No.71999 of 2024(2) dt.28-10-2024 2/3 iron rod.
4.
Learned Counsel for the petitioners submits that both parties are neighbours and from perusal of the First Information Report, it is evident that there was land dispute between the cousin of the informant and the petitioners. Referring to Annexure 2, which is injury report, learned counsel submits that injuries caused to the informant's cousin brother Bipin Kumar are simple in nature. He further submits that a counter case bearing Konch PS Case No. 246 of 2024 has also been lodged by the side of the petitioners against informant and his cousin brother.
5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the nature of dispute and the fact that both parties are neighbours, land dispute is going on between them and injuries caused to the informant's cousin brother Bipin Kumar are simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioners.
6.
This application is, accordingly, allowed.
7.
Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten
Patna High Court CR. MISC. No.71999 of 2024(2) dt.28-10-2024 3/3 thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st class, Gaya in connection with Konch PS case no. 245 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T