Anil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82197 of 2019 Arising Out of PS. Case No.-270 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.
ANIL KUMAR, aged about 32 years, Male, Son of Mahendra Bhagat, Resident of Village - Naya Bazar, Pannapur, P.S.- Meenapur, District - Muzaffarpur 2.
Sunil Kumar, aged about 35 years, Male, Son of Mahendra Bhagat, Resident of Village - Naya Bazar, Pannapur, P.S.- Meenapur, District - Muzaffarpur ... Petitioners
Versus
THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Yugal Kishore, Adv.
For the Opposite Party :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-06-2020 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state through video conferencing.
The petitioners seek pre-arrest bail in connection with Meenapur (Minapur) P.S. Case No. 270 of 2019, registered under Sections 341, 323, 324, 307, 379, 447, 504 and 506/34 of the Indian Penal Code.
The accusation is that in the noon of 03.06.2019, informant, Pramod Kumar, was at his door, at that time, Sunil Kumar (petitioner no. 2), Tara Devi and Laxmi Devi came there and started to abuse. When, informant, Pramod Kumar, made protest, then, Tara Devi and Laxmi Devi caught hold him and, thereafter, Sunil Kumar (petitioner no. 2), gave iron rod blow,
Patna High Court CR. MISC. No.82197 of 2019(3) dt.26-06-2020 2/3 but, he saved himself, again, he attacked, but, informant caught hold the iron rod and sustained injury in his palm and became unconscious and, thereafter, all moved saying that why he is not giving ransom, thereafter, he went to hospital from where he was referred to S.K.M.C.H., Muzaffarpur, and he returned to his house. Again, on 03.06.2019 in the evening Mahendra Bhagat, Manoj Kumar, Anil Kumar, wife of Sunil Kumar, wife of Anil Kumar, Baleshwar Bhagat, Sujit Prasad, Sunita Devi, two brothers of Sujit Prasad came at his door and started to abuse and damaged the motorcycle kept there. Manoj Kumar fired through pistol and asked to commit loot and again he was assaulted him. Tara Devi caused injury through sickle at his neck, he sustained injury.
When his wife, Prema Devi, Arun Kumar and Yogendra Bhagat, father of the informant, came to rescue him, then, they were also assaulted. At that time Manoj Kumar and Sujit Prasad caused injury through the butt of the pistol at head of his father. Sujit Prasad and his two brothers laid his wife, Prema Devi, on ground. At that time they also pelted stones and looted the articles.
Submission is that due to land dispute occurrence of marpeet took place in which petitioners also sustained injury regarding which Meenapur P.S. Case No. 269 of 2019 was
Patna High Court CR. MISC. No.82197 of 2019(3) dt.26-06-2020 3/3 instituted on 05.06.2019 on the basis of the fardbeyan of Suggapati Kuer, grandmother of the petitioners. More so, injuries found on the persons of the informant, his wife and father are all simple in nature. The petitioners have no criminal antecedent.
Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Meenapur (Minapur) P.S. Case No. 270 of 2019 shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T