Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10029 of 2023 Arising Out of PS. Case No.-192 Year-2021 Thana- NARDIGANJ District- Nawada ====================================================== SANJAY KUMAR Son of Sri Raj Kishore Singh @ Raj Kishore Prasad Singh Resident of Village- Handia, P.S.- Nardiganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Parasmani For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Nardiganj Police Station Case No. 192 of 2021, dated 03.09.2021, disclosing offences under Sections 341/323/308/504/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that while the informant was constructing parapet (chajja), the petitioner, along with other accused persons, started assaulting the informant by means of rod, lathi etc., due to which he sustained injuries on his head.

Learned Counsel for the petitioner submits that the petitioner, along with other family members, has falsely been implicated in this case due to land dispute. He further submits

Patna High Court CR. MISC. No.10029 of 2023(2) dt.19-05-2023 2/3 that both the parties are agnates and the allegation against the petitioner is general and omnibus in nature. He next submits that similarly situated co-accused persons, namely, Raj Kishore Singh and Usha Devi, have been granted anticipatory bail by a co-ordinate Bench of this Court, vide order, dated 18.04.2023, passed in Criminal Misc. No. 62945 of 2022.

Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are agnates, there is land dispute between them, the allegation against the petitioner is general and omnibus in nature and similarly situated co-accused persons have been granted anticipatory bail by a co-ordinate Bench of this Court, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada, in connection with Nardiganj Police Station Case No. 192 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal

Patna High Court CR. MISC. No.10029 of 2023(2) dt.19-05-2023 3/3 Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √