Sanjiv Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1172 of 2020 Arising Out of PS. Case No.-446 Year-2019 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== SANJIV SAH Son of Bhim Lal Sah Resident of Village and P.S.- K. Nagar, Distt - Purnea.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 324, 325, 354, 307, 379, 504, 506 and 34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons started damaging the fencing of Courtyard of the informant and when the protest was made, the accused persons assaulted the informant and his family members.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.1172 of 2020(3) dt.18-06-2020 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. There is a case and counter case between the parties. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner above named, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K. Nagar P.S. Case No. 446 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T