The Patna High Court granted anticipatory bail to three petitioners in a criminal assault case arising from a land dispute, finding no specific assault allegations against them and noting injuries were minor.
Petitioners released on bail upon furnishing bond of Rs. 10,000/- each with two sureties
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23572 of 2019
Arising Out of PS. Case No.-545 Year-2018 Thana- KUDRA District- Kaimur (Bhabua)
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dharmendra Kumar Singh For the Opposite Party/s : Mr.Satyavrat Verma ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
8 22-08-2019
The petitioners apprehend their arrest in connection with Kudra P. S. Case No. 454 of 2018 registered under Sections 307,323,325,341 and 504/34 of the Indian Penal Code.
Allegation against the petitioners is that petitioners along with one Munna Ram assaulted the brother of the informant by means of Tangi causing injury to him.
Learned counsel appearing on behalf of the petitioners submits that from perusal of the FIR, it is evident that no specific allegation of assault is levelled against the petitioners and the allegation of assault is against Munna Ram who is not petitioner before this Court. He submits that there is case and counter case in between the parties inasmuch as side of the petitioners have also lodged Kudra P.S.Case No. 546 of 2018 for the same incident.
Patna High Court CR. MISC. No.23572 of 2019(8) dt.22-08-2019 2/3
Learned counsel further submits that there is land dispute between them and they are co-villagers.
On the other hand, learned counsel appearing on behalf of the State submits that from perusal of injury report, it appears that there is only one injury on elbow which is lacerated wound and allegation of assault to the brother of the informant is against Munna Ram, who has received five injuries.
After having heard learned counsel for the parties and taking into consideration the fact that there is no specific allegation of assault upon these petitioners and the injury caused by them is minor, I am inclined to grant anticipatory bail to the petitioners.
Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned ACJM, Kaimur at Bhabua in connection with Kudra P.S.Case No. 545 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J)
sujit/-
U
Patna High Court CR. MISC. No.23572 of 2019(8) dt.22-08-2019 3/3
2 issues framed by the court
Whether to grant anticipatory bail to petitioners facing assault allegations when specific assault charges against them are absent.
Whether the minor injuries sustained justify granting relief under Section 438 CrPC in a case with a land dispute context.
1 provisions across 1 enactments
Bahadur Ram and others
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
