Suraj Kumar v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 307, 323, 324, 341, 354(B), 379
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr. Pravin Kumar, Advocate Mr. Bhanu Pratap Singh, APP 2 10-12-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 354(B), 379/34 of IPC.
Allegedly, the petitioners along with other accused persons have abused and assaulted the informant with knife and iron rod. It is further alleged that some accused persons snatched a mobile and Rs.2800/- cash from the informant.
It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such Patna High Court CR. MISC. No.81041 of 2024(2) dt.10-12-2024 occurrence, in the manner as alleged, has ever taken place. It is also submitted that both parties are agnates and there is admitted land dispute between them. On perusal of the impugned order, it is clear that the injury was found be simple in nature caused by hard and blunt substance. Petitioner no. 1 has no criminal antecedent and petitioner no. 2 has one criminal antecedent as mentioned in para 3 of the bail application.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, and the fact that there is admitted land dispute between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chhatauni P.S. Case No.189 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. priyanka/- U T (Anjani Kumar Sharan, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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