Pradum Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78882 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- PIRO District- Bhojpur ====================================================== 1.
Pradum Kumar Son of Jawahir Singh Resident of Vill- Kachnath, P.S.- Piro, District- Bhojpur 2.
Krishna Kumar Son of Jawahir Singh @ Jawahir Yadav Resident of VillKachnath, P.S.- Piro, District- Bhojpur 3.
Saroj Kumar @ Saroj Yadav @ Lakkad Yadav Son of Dodha Yadav Resident of Vill- Kachnath, P.S.- Piro, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiv Prasad Gupta For the Opposite Party/s :
Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-11-2024
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 Piro Police Station Case No. 103 of 2024, dated 13.03.2024, disclosing offences punishable under Sections 341/379/504/506/324/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that in the afternoon of 08.03.2024, while the informant was in his field, the petitioners, along with other coaccused persons, assaulted him and co-accused Gudari
Patna High Court CR. MISC. No.78882 of 2024(2) dt.29-11-2024 2/3 Yadav snatched cash amount of Rs. 1700/- from his pocket and a golden locket from his neck. It has further been alleged that the petitioner no. 3 assaulted the informant on his mouth, nose and eyes.
4. Learned Counsel for the petitioners submits that dispute between the parties arose due to irrigating the field and a counter case has also been lodged by the side of the petitioner against the informant and others, bearing Piro Police Station Case No. 104 of 2024. the son of coaccused, Gudari Yadav, has also sustained fracture injury of his hand. He further submits that the allegation against the petitioner nos. 1 and 2 is general and omnibus in nature and the specific allegation of assault upon the informant on his mouth, nose and eyes is upon the petitioner no. 3. From perusal of the impugned order, it appears that the informant has sustained injuries in his nasal bone, upper lips, swelling near temporal region, which has been said to be grievous in nature, but the same are not the vital part of the body.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that there appears to be land dispute between the parties, a
Patna High Court CR. MISC. No.78882 of 2024(2) dt.29-11-2024 3/3 counter case has also been lodged by the side of the petitioner for the incident which took place on the same date and time, the allegation against the petitioner nos. 1 and 2 is general and omnibus in nature, the injuries sustained by the informant is not on the vital parts of his body and co-accused has been granted anticipatory bail by this Court, 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 a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, at Ara, in connection with Piro Police Station Case No. 103 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √