Madan Kumar @ Madan Singh @ Madan Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78871 of 2024 Arising Out of PS. Case No.-201 Year-2024 Thana- RANIYATALAB District- Patna ====================================================== 1.
Madan Kumar @ Madan Singh @ Madan Sharma Son of Sri Vishwanath Singh @ Bishwanath Singh R/o - Barah, P.S - Ranitalab, District - Patna 2.
Piyush Kumar Son of Sri Madan Kumar @ Madan Singh @ Madan Sharma R/o - Barah, P.S - Ranitalab, District - Patna 3.
Vishwanath Singh @ Bishwanath Singh Son of Late Harakhu Singh @ Harakh Narayan Singh R/o - Barah, P.S - Ranitalab, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mritunjay Kumar For the Opposite Party/s :
Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-03-2025 Heard the parties.
2. The petitioners apprehend their arrest in connection with Ranitalab P.S. Case No. 201 of 2024, registered for the offences punishable under Sections 341, 323, 307, 379, 354(B), 504, 506 and 34 of the Indian Penal Code.
3. Before taking this Court through the FIR, Mr. Mritunjay Kumar, learned Advocate for the petitioners submits that the petitioner nos. 1 and 2 are none else, but the brother and nephew of the informant, whereas petitioner no.3 is father of the informant. From the FIR, it is evident that on account of a dispute in relation to partition of the property, the informant and
Patna High Court CR. MISC. No.78871 of 2024(3) dt.22-03-2025 2/3 his brother entered into a scuffle which resulted into lodging of the case and counter case bearing Ranitalab P.S. Case No. 208 of 2024, the copy of which is marked as Anneuxre P/2 series. The allegation levelled in the FIR also does not corroborate with the injury report, as the injuries have been found to be trivial and simple in nature. The petitioners before this Court undertake that they will keep maintaining peace in the family and would not indulge in such activity; moreover the petitioners bear fair antecedent.
4. On the other hand, learned Advocate for the State vehemently opposes the bail application and submits that the petitioners have assaulted the informant due to which he sustained injuries and from the allegation it appears that they wanted to grab the property of the informant.
5. Regard being had to the submissions made on behalf of the parties and considering the genesis of occurrence leading to institution of case and ccounter case, coupled with the simple injury and the relationship between the parties; moreover, the petitioners bear fair antecedent, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon
Patna High Court CR. MISC. No.78871 of 2024(3) dt.22-03-2025 3/3 furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class-IV, Danapur, Patna in connection with Ranitalab P.S. Case No. 201 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) Anjani/- U T