Sanjay Singh @ Sanjay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5228 of 2024 Arising Out of PS. Case No.-272 Year-2023 Thana- SUPPI District- Sitamarhi ====================================================== 1.
Sanjay Singh @ Sanjay Kumar Singh Son Of Sri Ram Kailash Singh R/O Vill - Narkatiya, P.S. - Suppi, Distt. - Sitamarhi 2.
Anjay Singh @ Anjay Kumar Singh Son Of Sri Ram Kailash Singh R/O Vill - Narkatiya, P.S. - Suppi, Distt. - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Singh For the State :
Mr. Kalyan Shankar For the Informant :
Mr. Krishna Murari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code.
3. As per the prosecution case, the allegation against the petitioners is that they inflicted knife blow to the informant on his head when informant demanded rent of his land which was given by his father to the petitioners for running brick-kiln.
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this
Patna High Court CR. MISC. No.5228 of 2024(3) dt.15-05-2024 2/3 case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the petitioner no. 1 has been making payment of rent regularly to the father of the informant and after his death in the year 2015, has been making payment of rent to the informant. Then, the informant purchased brick and other materials from the petitioner's brick-kiln. Against the said purchase, the informant also made part payment of Rs.10,000/- through online in the account of petitioner no. 1 on 03.05.2019. The rest dues, as per verbal instruction from the informant, was to be adjusted from the rent dues. He further submits that even after adjustment of dues, an outstanding amount of more than Rs.50,000/- exist against the informant. The present case has been lodged with the sole motive to not to make payment of the amount raised against the purchased brick. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State and learned counsel for the informant opposed the prayer for anticipatory bail and submitted that the Doctor has opined injury no. 1 dangerous to life which is of grievous nature as per Section 320 of the I.P.C.
6. Having regard to the facts and circumstances of the case, arguments of the parties and the fact that it is
Patna High Court CR. MISC. No.5228 of 2024(3) dt.15-05-2024 3/3 business/money 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 lower Court where the case is pending/successor Court in connection with Suppi P.S. Case No.272 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T