The High Court granted anticipatory bail to five petitioners facing arrest in a criminal case involving assault and property disputes, subject to conditions including a bail bond with sureties.
Released on anticipatory bail upon furnishing a bail bond of Rs. 10,000 each with two sureties of like amount to the ACJM-II, Nalanda.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30885 of 2017
Arising Out of P.S.Case No. -107 Year- 2017 Thana -RAHUI District- NALANDA
(BIHARSHARIFF)
======================================================
.... .... Petitioners
Versus
The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioners : Mr. Pankaj Kumar, Advocate For the Opposite Party : Smt. Nirmala Kumari, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER
2 . The petitioners apprehend arrest in connection with Rahui P.S.Case No.107 of 2017 registered for an offence under Sections 147, 149, 341, 323, 307, 506 and 504/34 of the IPC.
3 . The informant in his written repot has alleged that there is land dispute with the accused for a passage and on 17th May, 2017 when he was sitting at his Darwaja, all the FIR named accused persons armed with deadly weapon, came and started abusing. The petitioner no.1 inflicted spade blow on his head causing bleeding injuries and when his wife and family members came for his rescue, they were also assaulted by the accused persons. They entered into his house and took away ornaments worth Rs.10,000/.
Patna High Court Cr.Misc. No.30885 of 2017 (2) dt.06-07-2017
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4. The learned counsel or the petitioners submits that there is bonafide land dispute between both the parties and both parties in occurrence of assault both parties sustained injures which are simple in nature. There is case and counter case and both are resident of same.
5 . The learned APP opposed the submission.
6 . From the written report itself it appears that there is land dispute between the parties. The petitioner no.1 allegedly gave blow on his head by spade which according to injury report is simple in nature. The allegation of assault against other petitioners is omnibus There is also counter case from the side of these petitioners.
7 . In view of the aforesaid facts, let the above named five petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Rahui P.S.Case No.107 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of ACJM-II, Nalanda at Biharsharif, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sanjay Kumar, J)
B.Kr./U T
1 issue framed by the court
Whether anticipatory bail be granted to petitioners facing charges for assault and property violation.
1 provisions across 1 enactments
Sakaldeep Paswan
Rajendra Paswan
Munna Paswan
Ganga Paswan
Champa Devi
The State of Bihar
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
