Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2957 of 2020 Arising Out of PS. Case No.-153 Year-2019 Thana- SURSAND District- Sitamarhi ====================================================== ANKIT KUMAR, S/o Birendra Singh @ Chhote Singh Resident of VillageBakhari, P.S.- Sursand, Distt- Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sursand P.S. Case no. 153 of 2019, registered under Sections 147, 341, 323, 324, 307, 354, 379 and 504 of the Indian Penal Code.

The accusation is that cultivation is being done by Upendra Singh, uncle of the informant Nitish Kumar, who used to reside at Mumbai. In the month of May, 2019, he along with his family came in village and went in the filed to cut wheat then Birendra Singh, Rahul Kumar and Ankit Kumar (petitioner) forbade him to cut wheat and after hot talk he returned to the house. Thereafter, Pushpa Devi, Priti Devi, Anchal Kumari, Anguri Kumari, Surendra Sah and Siya Ram

Patna High Court CR. MISC. No.2957 of 2020(2) dt.03-02-2020 2/3 Sah along with aforesaid three persons came to the door of informant having lathi and Farsa in their hands. At that time, Surendra Sah and Birendra Singh caught hold him and started to abuse and caused assault through lathi. In that course, petitioner gave Farsa blow at his head causing blood oozing injury then he fell down. Thereafter, Siyaram Sah and Priti Devi started to press his neck. When Mithlesh Devi, mother of informant, came to save then Anguri Kumari and Rahul Kumar caused assault to his mother near her eyes.

Learned counsel for the petitioner submits that, in fact, petitioner and informant are Gotiya and occurrence of Marpit took place due to land dispute in which Mithlesh Devi, mother of informant, sustained injury, which is simple in nature, but with ulterior motive the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on 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 Sri Kavindra Kumar, Judicial

Patna High Court CR. MISC. No.2957 of 2020(2) dt.03-02-2020 3/3 Magistrate, Pupri, Sitamarhi in connection with Sursand P.S. Case No. 153 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T