Abhay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73156 of 2023 Arising Out of PS. Case No.-158 Year-2023 Thana- NALANDA District- Nalanda ====================================================== 1.
ABHAY KUMAR S/O LATE RAMCHANDRA PRASAD SINGH R/O VILLAGE- SAKRAUDHA, P.S- NALANDA, DISTT.- NALANDA. 2.
GOLU KUMAR @ ALOK KUMAR S/O AJAY KUMAR R/O VILLAGESAKRAUDHA, P.S- NALANDA, DISTT.- NALANDA. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Dhirendra Pratap Singh For the Opposite Party/s :
Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 10-11-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Nalanda P.S. Case No. 158 of 2023 (C.No. 915 of 2022) registered for the offences punishable under Sections 323, 341, 307, 326, 379, 504, 506, 354 and 34 of the Indian Penal Code.
3. Allegation against the petitioners is that they have assaulted the informant and his family members by means of Sword, Lathi and Danda due to which informant's side sustained injuries.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.73156 of 2023(2) dt.10-11-2023 2/2 both the parties are agnates and there is family dispute arising out of partition due to which there is case and counter case between the parties and both the parties have sustained injuries. Injuries are simple in nature. Petitioner no. 1 has two criminal antecedent whereas petitioner no. 2 has one criminal antecedent in which they are on bail.
5. Learned APP opposes the prayer for anticipatory bail of the petitioners.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 the satisfaction of the concerned Court where the case is pending in connection with Nalanda P.S. Case No. 158 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Sunil Dutta Mishra, J) khushbu/- U T