Dinanath Kumar @ Dinanath Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84766 of 2023 Arising Out of PS. Case No.-576 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Dinanath Kumar @ Dinanath Pandit Son Of Ramsunar Pandit @ Ramsundar Pandit Resident Of Village - Lakhaura Ganesh Tola, P.S. - Lakhaura, District - East Champaran.

... ... Petitioner/S

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-03-2024 Heard Mr. Ajay Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Muffasil (Lakhaura) P.S. Case No.576 of 2023 registered under Sections 341, 323, 342, 307, 354, 379, 504, 506, 34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the informant and the petitioner's sides, being neighbours, engaged in fierce fight with respect to the passage of land.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has been falsely implicated in the present case. He further submitted that

Patna High Court CR. MISC. No.84766 of 2023(3) dt.07-03-2024 2/2 due to land dispute between the parties, a fierce fight took place between them and in self-defence, the petitioner might have caused some injuries to the informant and her husband. The petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. In the facts and circumstances of the case, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail. The District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned C.J.M., Motihari, East Champaran or successor Court in connection with Muffasil (Lakhaura) P.S. Case No.576 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J.) Ashishsingh/- U T