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Patna High CourtCR. MISC./81773/2024bail granted

Ajay Kumar @ Judge @ Ajay Kumar Singh v. The State Of Bihar

2024-12-16Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81773 of 2024 Arising Out of PS. Case No.-277 Year-2022 Thana- DARIHAT District- Rohtas ====================================================== 1.

Ajay Kumar @ Judge @ Ajay Kumar Singh S/O Mahadev Singh R/o VillBerkap, P.S-Darihat, District-Rohtas. 2.

Geeta Devi W/O Ajay Kumar @Judge @ Ajay Kumar Singh R/o VillBerkap, P.S-Darihat, District-Rohtas. 3.

Manoj Kumar S/O Rajendra Singh R/o Vill-Berkap, P.S-Darihat, DistrictRohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-12-2024 1.

Heard learned Counsel for the petitioners and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Darihat PS case no. 277 of 2022, disclosing offences punishable under Section 379 and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 15.12.2022, when the informant went to her land having Plot no. 1673 in order to see the godown constructed over there, the accused persons including petitioners having lathi and danda in their hands, started assaulting the

Patna High Court CR. MISC. No.81773 of 2024(2) dt.16-12-2024 2/3 informant and her family members, due to which, her son got injured. It is alleged that petitioner no. 2 has snatched golden chain and other ornaments of the informant.

4.

Learned Counsel for the petitioners submits that both parties are closely related and husband of informant and petitioner no. 1 are own brothers. Learned counsel further submits that there is long standing dispute between both the parties and a counter case has also been lodged by the side of the petitioners bearing Darihat PS Case No. 276 of 2022. He also submits that injuries caused to the victims are simple in nature, as would be evident from impugned order itself. 5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are closely related, there is land dispute between them and injuries caused to the victims are simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioners.

6.

This application is, accordingly, allowed.

7.

Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.81773 of 2024(2) dt.16-12-2024 3/3 satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Darihat PS case no. 277 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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