Single judge allowed anticipatory bail to petitioners apprehending arrest in a criminal case arising from a land dispute between co-villagers, noting injuries were simple and a counter-case existed.
Petitioners to be granted anticipatory bail subject to conditions and furnishing of bail bond with sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18073 of 2019
Arising Out of PS. Case No.-124 Year-2017 Thana- MARAUNA District- Supaul
======================================================
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Madhav Jha, Adv. For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
8 27-08-2019
learned counsel appearing on behalf of the State.
The petitioners apprehend their arrest in connection with Marauna P.S. Case No. 124 of 2017 registered under sections 147, 148, 341, 323, 307, 325, 354(A), 379, 504 and 506 of the IPC.
The allegation against the petitioners is that petitioner no. 1 assaulted the informant by means of iron rod and petitioner no. 2 assaulted the nephew of the informant by means of dabia.
Learned counsel appearing for the petitioners submits that both the parties are co-villagers and there is a land
Patna High Court CR. MISC. No.18073 of 2019(8) dt.27-08-2019 2/3
dispute between them. Learned counsel further submits that there is a case and counter case between the parties inasmuch as Marauna P.S. Case No. 125 of 2017 has been lodged by the side of the petitioners. Learned counsel also submits that injuries caused to the informant and his nephew have been found to be simple in nature. Learned counsel further submits that similarly situated co-accused has been granted bail by this Court in Criminal Miscellaneous No. 68483 of 2018.
Learned counsel appearing for the State relying on the case diary submits that the injury caused to the informant and his nephew by the petitioners have been found to be simple in nature.
After having heard learned counsel for the parties and taking into consideration the fact that both the parties are co-villagers and there is a land dispute between them and there is a case and counter case between the parties and injuries caused to the victims are simple in nature, I am inclined to grant anticipatory bail to both the petitioners.
Accordingly, both the petitioners, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing
Patna High Court CR. MISC. No.18073 of 2019(8) dt.27-08-2019 3/3
bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Shri Kumar Krishnadev, Judicial Magistrate, Supaul, in connection with Marauna P.S. Case No. 124 of 2017 subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Anil Kumar Sinha, J)
Anjula/-
U
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners apprehending arrest in a criminal case involving a dispute between co-villagers.
1 provisions across 1 enactments
Ranjeet Thakur and another
THE STATE OF BIHAR
ANIL KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
