Single-judge High Court Criminal Bench granted anticipatory bail to the petitioner apprehending arrest in connection with an FIR involving assault and land dispute. Bail granted with a bond of Rs. 25,000 and two sureties.
Petitioner granted anticipatory bail on bond of Rs. 25,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22681 of 2021
Arising Out of PS. Case No.-131 Year-2019 Thana- BHAWANIPUR District- Purnia
======================================================
Rohit Kumar Son of Sita Mahaldar @ Sita Ram Mahaldar Resident of SakinDurgapur, P.S.- Bhawanipur, District- Purnia.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Ram Sumiran Rai ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
3 07-07-2022
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner apprehends his arrest in connection with Bhawanipur P.S. Case No.131 of 2019, registered for the offences punishable under Sections 147, 149, 341, 323, 324 and 307 of the Indian Penal Code.
The petitioner is said to have assaulted the informant on his head by means of hammer causing bleeding injury on his head.
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. There is land dispute between the parties. It is submitted that by order dated 24.05.2022, case and injury report of the victim was called for and from perusal of paragraph-31 of the
Patna High Court CR. MISC. No.22681 of 2021(3) dt.07-07-2022 2/2
case diary, it transpires that the injuries are simple in nature. It is lastly submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application.
The learned APP for the State opposed the prayer for anticipatory bail of the petitioner.
Taking into consideration the facts that the injuries are simple in nature and there is land dispute between the parties, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Purnea in connection with Bhawanipur P.S. Case No.131 of 2019, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J.)
Sanjay/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in a lands dispute FIR.
Whether the nature of injuries and existence of a land dispute warrants bail with moderate conditions.
1 provisions across 1 enactments
ROHIT KUMAR SON OF SITA MAHALDAR
THE STATE OF BIHAR
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
