Begusarai v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 143, 307, 323, 341, 379, 504
- Arms Act, 1959
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar Sinha Mr.Binod Kumar For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 3 21-02-2025 Heard learned counsel for the petitioners as well as the learned APP for the State and the learned counsel for the informant.
The petitioners apprehend their arrest in connection with Sahebpur Kamal P.S. Case No. 128 of 2024, registered for the offences punishable under Sections 143, 341, 323, 307, 379 and 504 of the IPC and 27 of the Arms Act.
As per allegation, the accused persons along with Patna High Court CR. MISC. No.80504 of 2024(3) dt.21-02-2025 other named accused persons started constructing wall on the land of the informant and when father of the informant objected, all the accused persons started abusing and assaulting them. Further, co-accused Kundan Sah and Vikram Sah assaulted the informant’s brother on his head with iron rod.
The learned counsel for the petitioners has submitted that they are innocent and have falsely been implicated in this case. They are the persons of clean antecedent. There is case and counter case. Petitioner no.1 has also suffered injuries and the injuries suffered by the injured persons in the present case, are simple in nature. He has also submitted that on exactly similar footing, co-accused Pankaj Kumar @ Kundan Kumar and Barun Kumar Sah @ Barun Sahhas been granted bail by this Court vide order dated
27.08.2024 in Cr. Misc. No. 59085 of 2024.
On the other hand, the learned counsel for the informant has opposed the prayer for bail.
Considering the above-mentioned facts and circumstances as well as clean antecedent of the petitioners, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each Patna High Court CR. MISC. No.80504 of 2024(3) dt.21-02-2025 with two sureties of the like amount each to the satisfaction of learned Sub-Judge-IV cum ACJM-IV, Begusarai in connection with Sahebpur Kamal P.S. Case No. 128 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) kundan/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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