Patna High CourtCR. MISC./77012/2024bail granted

Pramod Das v. The State Of Bihar

2024-12-13Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77012 of 2024 Arising Out of PS. Case No.-223 Year-2024 Thana- AMARPUR District- Banka ====================================================== 1.

Pramod Das S/O Nageshwar Das Resident of Village- Dhakwa, P.SFullidumar, Distt.- Banka. 2.

Munna Kumar Das @ Munna Das @ Munna Kr. Das S/O Nageshwar Das Resident of Village- Dhakwa, P.S-Fullidumar, Distt.- Banka. 3.

Pintu Das @ Pintu Kumar Das S/O Nageshwar Das Resident of VillageDhakwa, P.S-Fullidumar, Distt.- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-12-2024

1. Heard the parties.

2. The petitioners apprehend their arrest in connection with Amarpur (Fullidumar) P.S. Case No. 223 of 2024 registered under Section 341, 323, 307, 354, 379, 504, 506 / 34 of the I.P.C.

3. As per the first information report on 31.03.2024 in the evening while the informant was sitting along with his family members at his door, in the meanwhile, the petitioners along with other accused persons arrived there, started abusing the informant and the petitioner no. 1 assaulted the informant by means of "lathi" on his head, the petitioner no. 2 assaulted the

Patna High Court CR. MISC. No.77012 of 2024(3) dt.13-12-2024 2/3 daughter of the informant with "lathi" on her head. There is general and omnibus allegation against the petitioner no. 3.

4. Learned counsel for the petitioners submits that entire family members of the petitioners including the women folk have been made accused due to land dispute regarding partition of ancestral property between the parties. The present F.I.R. has been lodged as a counter blast to the F.I.R. lodged by the side of the petitioners bearing Amarpur (Fullidumar) P.S. Case No. 222 of 2024. The injuries caused to the victims are simple in nature as would be evident from the case diary.

5. Learned counsel for the State referring to the case diary submits that injuries sustained by the victims are simple in nature.

6. Regard being had to the submission made by the parties, taking into consideration the fact that both the parties are having land dispute, case and counter case is there and the injuries caused to the victims are simple in nature, as such, I am inclined to grant anticipatory bail to the petitioners.

7. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each

Patna High Court CR. MISC. No.77012 of 2024(3) dt.13-12-2024 3/3 with two sureties of the like amount each to the satisfaction of Smt. Suman Kumari, learned Chief Judicial Magistrate, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 223 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T