Bikki Kumar @ Vikki Kumar @ Vicky Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79002 of 2024 Arising Out of PS. Case No.-151 Year-2024 Thana- KHUSRUPUR District- Patna ====================================================== 1.
Bikki Kumar @ Vikki Kumar @ Vicky Paswan Son of Late Bachhu Paswan @ Bechu Paswan @ Harana Resident of Katauna, P.S. - Khusrupur, District - Patna 2.
Munna Paswan @ Praphul Kumar Son of Lal Babu Paswan Resident of Katauna, P.S. - Khusrupur, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhimanyu Deo For the Opposite Party/s :
Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Khusrupur Police Station Case No. 151 of 2024, disclosing offences under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code.
3. As per the FIR, on 16.04.2024, the informant prevented the petitioner no. 1 from selling liquor from his land on which petitioner no. 1 assaulted the informant by means of sword on head and petitioner no. 2 assaulted the brother of the informant by means of iron rod.
4. Learned Counsel for the petitioners submits that the
Patna High Court CR. MISC. No.79002 of 2024(2) dt.04-12-2024 2/3 petitioners are the bataidar of the adjacent land in the village of the informant and the informant always demolish the divider of the land situated between the land of the petitioners and the informant. Referring to the injury report, learned counsel submits that injuries are not serious in nature and the allegation against petitioner no. 1 is that he assaulted the informant by sword which is sharp cutting weapon whereas one lacerated wound has been found on the right leg and there is abrasion on the forehead which can be caused by the hard and blunt substance. The injury caused to the informant's brother also appears not serious in nature.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that occurrence has taken place due to land dispute between the parties and the prosecution has not produced the final injury report and the petitioners are having no criminal antecedent, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.79002 of 2024(2) dt.04-12-2024 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Patna City, in connection with Khusrupur Police Station Case No. 151 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U T