Sunny Arya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82108 of 2024 Arising Out of PS. Case No.-307 Year-2024 Thana- KISHANGANJ District- Kishanganj ====================================================== Sunny Arya, Son of Chandan Prasad Singh, R/O- Millan Palli, P.S.- Kishanganj, Dist.- Kishanganj, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vishal Vikram Rana, Advocate Ms. Misha Bharti, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP For the Informant :
Mr. Bhola Prasad, Advocate Mr. Indrajeet Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in connection with Kishanganj P.S. Case No.307 of 2024 instituted under Sections 308(5), 126(2), 127(2), 115(2), 117(2), 109(1) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, the informant entered into an agreement with accused-petitioner and other co-accused persons to purchase a piece of land for which the informant paid Rs.51,00,000/- to them. It is further alleged that when informant requested the accused persons to register the land in favour of
Patna High Court CR. MISC. No.82108 of 2024(2) dt.04-12-2024 2/3 him and they almost denied him getting the land registered. Later on, when the informant sent a notice to petitioners, they called him in the chamber of one Shankar Pal where they came armed with weapons and pointed pistol upon the temple of informant and told him that neither the land will be registered nor the money will be returned. They also assaulted informant with sharp weapon and iron rod due to which he got injured.
4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to land dispute between the parties. The injury on the injured is simple in nature. He further submits that no arms or any incriminating articles have been recovered from the place of occurrence or from the possession of the petitioner. The petitioner has two criminal antecedent in which he is on bail and he undertakes to co-operate in the investigation.
5. Learned A.P.P. for the State as well as learned counsel for the informant oppose the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing
Patna High Court CR. MISC. No.82108 of 2024(2) dt.04-12-2024 3/3 bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj / Concerned Court in connection with Kishanganj P.S. Case No.307 of 2024, subject to the conditions laid down in Section 482(2) of Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.)-2023. (Sunil Dutta Mishra, J) ashishkr/- U T