Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77577 of 2024 Arising Out of PS. Case No.-290 Year-2024 Thana- NARHATT District- Nawada ====================================================== 1.

Gaurav Kumar S/O Sri Brijnandan Singh R/O Village- Bhimbigaha, P.SNarhat, Distt.- Nawada. 2.

Chandan Kumar S/O Sri Inderdeo Singh R/O Village- Bhimbigaha, P.SNarhat, Distt.- Nawada. ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Rajeev Nayan, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-11-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191 (2), 191 (3), 190, 126 (2), 115 (2) 76, 109, 329 (4) and 352 of the B.N.S., 2023.

3. While the informant along with her sister's daughter was at her house, both the petitioners along with other co-accused are said to have entered into her house and assaulted her by means of lathi and danda causing injury on her head. They also pulled her cloth and made her half naked. The reason behind the occurrence is said to be previous land dispute.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to land dispute. The

Patna High Court CR. MISC. No.77577 of 2024(2) dt.20-11-2024 2/2 allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. Both sides have filed cases against each other. Both sides have sustained grievous injury. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as the fact that there is inter se land dispute and both sides have sustained grievous injury in the said occurrence, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Narhat P.S. Case No.290 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T