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HIGH COURT OF PATNA
Mr. Justice Ashutosh Kumar
VIKASH KUMAR – Appellant
Versus
The State – Respondent
CR. MISC./26037/2021
The court has the discretion to grant bail in anticipation of arrest, considering factors such as the nature of the offense, the severity of the injuries, and the existence of any countervailing factors.
Headnote:
Fact of the Case:
The petitioners were accused of participating in an assault, with petitioner no.1 allegedly wrapping a cloth around the neck of one victim and petitioner no.2 allegedly assaulting another victim with an iron rod. The injuries suffered by the victims were reported to be simple in nature.
Finding of the Court:
The court noted that there was a counter version of the occurrence, and that there was a pending land dispute between the parties.
Issues: Whether the petitioners should be granted bail in anticipation of their arrest.
Ratio Decidendi: The court considered the nature of the injuries suffered by the victims, the existence of a counter version of the occurrence, and the pending land dispute between the parties.
Final Decision: The court directed the petitioners to be released on bail in the event of their arrest or surrender, subject to certain conditions.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26037 of 2021
Arising Out of PS. Case No.-543 Year-2020 Thana- GARKHA District- Saran
======================================================
1.
VIKASH KUMAR Son of Chandra Shekhar Singh @ Dara Singh Resident
of Village - Saiyad Saray, P.S.- Garkha, District - Saran
2.
Ranjan Kumar Son of Chandra Shekhar Singh @ Dara Singh Resident of
Village - Saiyad Saray, P.S.- Garkha, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Mukesh Kumar Singh, Advocate.
For the Opposite Party/s :
Mr.APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2
13-01-2022
Heard Mr. Mukesh Kumar Singh, learned Advocate
for the petitioners and learned Additional Public Prosecutor for
the State.
The petitioners seek bail in anticipation of their arrest
in connection with Garkha P. S. Case No. 543 of 2020 instituted
for the offences under Sections 341, 447, 448, 323, 307, 379 and
504/34 of the Indian Penal Code.
The petitioners are said to have taken part in the
assault. It has been alleged that petitioner no.1 wrapped a cloth
around the neck of one of the victims, whereas petitioner no.2
assaulted one Nitesh by means of an iron khanti. The injuries
suffered by the victims are reported to be simple in nature.
Patna High Court CR. MISC. No.26037 of 2021(2) dt.13-01-2022
2/2
Learned counsel for the petitioners has submitted that
there is a counter version of the occurrence also vide Garkha
P.S. Case No. 546 of 2020 which has been recorded by one of
the co-accused persons of this case namely Kewal Devi. The
informant is the own uncle of the petitioners. There is a pending
land dispute between the parties and a Title Suit No. 120 of
2006 is pending before a competent court of law.
In the aforesaid background, the petitioners are
directed to be released on bail, in the event of their arrest or
surrender before the learned Court below within a period of four
weeks from the date of receipt/production of a copy of this
order, on their furnishing bail bonds in the sum of Rs. 10,000/-
(Ten thousand) each with two sureties of the like amount each to
the satisfaction of the learned Judicial Magistrate, Saran, Chapra
in connection with Garkha P.S. Case No. 543 of 2020, subject to
the condition as laid down under Section 438 (2) Cr. P.C.
The application stands allowed.
mantreshwar/-
(Ashutosh Kumar, J)
U
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