The High Court granted anticipatory bail to six petitioners facing prosecution in a land dispute case involving sections of IPC, directing surrender within four weeks on furnishing security and bond with two sureties.
Anticipatory bail granted by furnishing bond of Rs. 10,000 with two sureties of like amount each, subject to surrender within four weeks.
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.27142 of 2021
Arising Out of PS. Case No.-91 Year-2020 Thana- GOH District- Aurangabad
======================================================
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar Pandey For the Opposite Party/s : Mr. AAP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office.
The instant application for anticipatory bail has been
Patna High Court CR. MISC. No.27142 of 2021(2) dt.29-01-2022 2/3
filed by the petitioners apprehending their arrest in connection with Goh P.S. Case no. 91 of 2020 instituted for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 307 and 504 of the Indian Penal Code.
As per allegation in the FIR, while he objected the construction work which was going on, on his field, some accused persons including the petitioners came there and abused and assaulted the informant. Co-accused Rahul Bind has assaulted with iron rod on his head, resulting into head injury.
Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. General and omnibus allegations have been levelled against the petitioners. Specific allegation of assault is against co-accused Rahul Bind. The matter relates to land dispute. There is case and counter case. Both parties have sustained injuries.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a
Patna High Court CR. MISC. No.27142 of 2021(2) dt.29-01-2022 3/3
period of four weeks from today and in the event of their arrest or surrender in connection with Goh P.S. Case no. 91 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Daudnagar, Aurangabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J)
sushma/-
U
2 issues framed by the court
Whether to grant anticipatory bail to the petitioners apprehending arrest in a case involving offences of affray, culpable hurt, and attempted murder.
Whether the petitioners' undertaking to remove procedural defects and the presence of general allegations warrants granting bail on conditions.
1 provisions across 1 enactments
Karmu Bind
Pritam Bind
Madan Bind
Sanju Devi
Raviranjan Bind
Amrit Ranjan Bind
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
