Mayank Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3551 of 2024 Arising Out of PS. Case No.-558 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Mayank Kumar, Son Of Umesh Ray, Resident of Dighi Kala, West Yogi Baharam Asthan, Adalpur, P.S.- Hajipur Sadar, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Tiwari, Advocate For the Opposite Party/s :
Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. In this case, the petitioner is apprehending his arrest in connection with (Hajipur) Sadar P.S. Case No. 558 of 2023, registered for the offences under Sections 341, 323, 504, 506 and 379/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, the petitioner and other coaccused persons came to the doors of the informant and started hurling abuses. When the informant forbade them, they started assaulting the informant by butt of pistol. They also snatched the gold chain of the wife of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.3551 of 2024(2) dt.07-02-2024 2/3 case. Petitioner is cousin of the informant as is apparent from the FIR. There is land dispute between the parties. A compromise petition has been filed before the learned court below. Learned counsel further submits that there is no injury report of the wife of the informant on record. Petitioner is accused in three cases but he is on bail in all these cases.
5. Learned APP opposes the prayer for anticipatory bail.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the relationship between the parties and also considering the background of land dispute coupled with possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur/court concerned in connection with (Hajipur) Sadar P.S. Case No. 558 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the
Patna High Court CR. MISC. No.3551 of 2024(2) dt.07-02-2024 3/3 petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) balmukund/- U T