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Patna High CourtCR. MISC./82473/2024allowed

Kundan Kumar v. The State Of Bihar

2024-12-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82473 of 2024 Arising Out of PS. Case No.-214 Year-2024 Thana- BARACHATTI District- Gaya ====================================================== 1.

Kundan Kumar Son of Nagendra Yadav Resident of Village- Bumar, PS -Barachatti, Distt.- Gaya 2.

Ramun Yadav Son of Iayata Yadav Resident of Village- Bumar, PS -Barachatti, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2024 Heard learned counsels for the parties.

2.

The petitioners apprehends their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 307, 354B, 427, 504, 506 of the Indian Penal Code. 3.

As per the FIR, petitioners and other co-accused persons assaulted the informant and his father by means of iron rod and axe. Petitioner no.1, namely, Kundan Kumar, is alleged to have misbehaved with the mother of informant.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case on the pretext of land dispute. No such occurrence, in the manner as alleged, has

Patna High Court CR. MISC. No.82473 of 2024(2) dt.11-12-2024 2/2 ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is case and counter case between the parties and both sides have sustained simple injuries. Petitioners have no criminal antecedent.

5.

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

6.

Having regard to the facts and circumstances of the case as there is case and counter case between the parties, 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 court below where the case is pending/Successor Court in connection with Barachatti P.S. Case No.214 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T