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Patna High CourtCR. MISC./63891/2019bail granted

Neeraj Kumar @ Niraj Kumar Singh @ Niraj Singh v. The State Of Bihar

2020-06-15Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63891 of 2019 Arising Out of PS. Case No.-362 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== 1.

NEERAJ KUMAR @ NIRAJ KUMAR SINGH @ NIRAJ SINGH S/o Ramesh Singh Resident of Village- Bajitpur Kodaria, P.S.- Turki, DistrictMuzaffarpur. 2.

Rinku Devi W/o Raj Kumar Tiwari Resident of Village- Bajitpur Kodaria, P.S.- Turki, District- Muzaffarpur.

3.

Birendra Chaudhary S/o- Krishna Chaudhary Resident of Village- Jai Ram Kharauni, P.S.- Turki, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Adv.

For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-06-2020 Heard learned counsel appearing for petitioners as well as learned Additional Public Prosecutor appearing for State through video conferencing.

Petitioners apprehend his arrest in connection with Kanti P.S. Case No. 362/19 corresponding to G.R. No. 1632/19 registered for the offences punishable under Sections 341, 323, 307, 379, 504, 34 of the Indian Penal Code.

Admittedly, petitioners are agnates of the informant and there is land dispute between the petitioners and informant.

The informant claims that petitioners assaulted the informant's mother and threw her before a Truck but

Patna High Court CR. MISC. No.63891 of 2019(4) dt.15-06-2020 2/2 fortunately the mother of the informant could be saved. Paragraph 41 of the Case Diary goes to show that two injuries were found on the person of the informant's mother said to be caused by hard and blunt substance but both the aforesaid injuries were found simple in nature. Learned counsel appearing for the petitioners submits that the informant's mother met an accident and due to land dispute, the informant implicated the petitioners in this false case.

Although, learned Additional Public Prosecutor appearing for the State opposed the prayer for anticipatory bail but 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 six 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 learned S.D.J.M West, Muzaffarpur in connection with Kanti P.S. Case No. 362/19 corresponding to G.R. No.1632/19 subject to conditions as laid down under Section 438 (2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) GAURAV S./- U T