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Patna High CourtCR. MISC./4314/2020bail granted

Sanjeet Kumar @ Sanjeet Rai @ Sandeep Rai v. The State Of Bihar

2020-01-23Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4314 of 2020 Arising Out of PS. Case No.-120 Year-2019 Thana- RAJAPAKAR District- Vaishali ====================================================== SANJEET KUMAR @ SANJEET RAI @ SANDEEP RAI, aged about 25 years, Male, Son of Brijnandan Rai Resident of Village - Bakarpur Nirpura, P.S. - Rajapakar, District - Vaishali ... Petitioner

Versus

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

For the Petitioner :

Mr. Lakshmindra Kumar Yadav, Adv.

For the Opposite Party :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Rajapakar P.S. Case No. 120 of 2019, registered under Sections 147, 148, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code and 27 of the Arms Act.

The accusation is that regarding the dispute in between Munil Kumar and Sanjeet Kumar (petitioner) Panchayati was arranged at the door of the petitioner, where petitioner became furious and started to cause assault to Munil Kumar, then, informant, Kamal Kishore Yadav, made protest, thereafter, Sanjeet Kumar (petitioner), Ranjeet Kumar, Pankaj Kumar, Bipin Kumar, Saroj Kumar, Sikandar Kumar and Jitendra Kumar started to abuse and moved from there giving threatening. Again, all came along with 5-6 other persons, having lathi, iron rod and dabia at the door of the informant and started to abuse. When, Chandrajeet Yadav and Manoj Kumar came out from the house and made protest, then, they attacked.

Patna High Court CR. MISC. No.4314 of 2020(2) dt.23-01-2020 2/2 At that time, Ratnesh Kumar fired, but, same was passed nearby the informant. He, again, fired, which hit in the left heal, thereafter, Sanjeet Kumar and Ranjeet Kumar caused injury through iron rod to Chandrajeet Yadav, brother of the informant. Pankaj Kumar, Bipin Kumar and Sikandar Kumar also caused injury through iron rod to Manoj Kumar, another brother of the informant.

Submission is that it would appear from the first information report that that at the time of occurrence, petitioner caused injury, but, the injury is found to be simple in nature and the petitioner is in custody since 30.09.2019. The police, on investigation, has already submitted the charge sheet. Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Rajapakar P.S. Case No. 120 of 2019 to the satisfaction of the Additional Chief Judicial Magistrate, XIII, Vaishali at Hajipur. (Rajendra Kumar Mishra, J) Shamshad/- U T