Kundan Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76968 of 2024 Arising Out of PS. Case No.-151 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== Kundan das Son of Sunil das Village- Sangatpur, Ps- Waris Aliganj (warsaliganj ), Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Prasad Singh Mr. Anand Raj For the Opposite Party/s :

Ms.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-10-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Warisaliganj Police Station Case No. 151 of 2024, registered for the offence punishable under Sections 341/323/448/504/324/325/354/379/385/506/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the petitioner, along with others, entered into the house of the informant, assaulted the informant and his family members, took away Rs. 50,000/- and papers related to land and a four-wheeler bearing Registration No. JH-01D-5639.

Patna High Court CR. MISC. No.76968 of 2024(2) dt.25-10-2024 2/3

4. Learned counsel for the petitioner submits that informant is the cousin grand father of the petitioner and there is previous land dispute between them. A title suit, bearing Partition Suit No. 28 of 2016, is pending between the parties and the injuries caused to the informant and his family members are simple in nature. He further submits that similarly situated co-accused persons, namely, Sonu Das and Rohit Das, have been granted anticipatory bail by this Court vide order, dated 31.08.2024, passed in Criminal Misc. No. 54082 of 2024.

5. Regard being had to the submission made by the parties, taking into consideration the fact that both the parties are co-sharers, partition suit is pending between them, injury caused to the victims are simple in nature, similarly situated co-accused persons have been granted anticipatory bail by this court and the petitioner is in custody since 12.08.2024, I am inclined to grant regular bail to the petitioner.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.76968 of 2024(2) dt.25-10-2024 3/3 learned Chief Judicial Magistrate, Nawada, in connection with Warisaliganj Police Station Case No. 151 of 2024. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √