Patna High CourtCR. MISC./84934/2024bail granted

Chandan Kumar v. The State Of Bihar

2025-01-07Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84934 of 2024 Arising Out of PS. Case No.-162 Year-2024 Thana- RAMGARHWA District- East Champaran ====================================================== Chandan Kumar Son of Asharfi Kushwaha Village -Baudha Ps -Ramgarwa District- East Champaran Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-01-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Ramgarwa Police Station Case No. 162 of 2024, dated 09.07.2024, disclosing offences punishable under Sections 126(2)/115(2)/118(1)/109(1)/303(2)/352/351/ 3

(5) of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, as per the First Information Report, is that on 08.07.2024, while the informant was sitting at the door of his house, all the accused persons, including the petitioner, arrived there, armed with lathi, danda, iron rod etc and asked for measurement of the land. It has further been alleged that the petitioner assaulted the

Patna High Court CR. MISC. No.84934 of 2024(2) dt.07-01-2025 2/3 informant by lathi on his head and when his brother and son intervened, co-accused assaulted them and other family members of the informant.

4. Learned Counsel for the petitioner submits that there is admitted land dispute between the parties. The petitioner's side had earlier filed a case, bearing Ramgarwa Police Station Case No. 160 of 2024 against the informant and others. The injury caused to the informant is simple in nature. The petitioner has got no criminal antecedent.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that there is land dispute between the parties, a case was earlier filed by the side of the petitioner, bearing Ramgarwa Police Station Case No. 160 of 2024 against the informant and others and the injury caused to the informant is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing

Patna High Court CR. MISC. No.84934 of 2024(2) dt.07-01-2025 3/3 bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul, at Motihari, East Champaran, in connection with Ramgarwa Police Station Case No. 162 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √