Sanni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9864 of 2020 Arising Out of PS. Case No.-777 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== Sanni Kumar S/o Ramesh Rai Resident of Village- Bodhgawan, P.O.- Neura, P.S.- Phulwarisharif, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sharma For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-03-2020 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 308, 379, 504 and 506/34 of IPC.

The prosecution case, as per the written report of Manoj Kumar submitted to the Station House Officer, Phulwarisharif Police Station, is to the effect that on 10.08.2019 at about 07:00 P.M., when the informant was returning from Naubatpur Market, all the FIR named accused persons including the petitioner attacked on him and assaulted the informant and when the nephew of the informant, Vikky Kumar came to rescue, then he was also assaulted by the petitioner with the butt of the pistol. It is further alleged that the co-accused Manoj Kumar snatched cash amount of Rs. 1400/- and jewellery worth

Patna High Court CR. MISC. No.9864 of 2020(2) dt.03-03-2020 2/3 Rs. 1200/-, whereas the petitioner Vicky Kumar snatched a gold chain from the informant.

It is submitted by the learned counsel for the petitioner that in the background of earlier land dispute, the accusation has been levelled against the petitioner. There is no injury report either of the informant or his nephew on the record to corroborate the accusation of assault. A statement is made in paragraph no. 3 that petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is named in FIR with specific accusation.

Considering the nature of the accusation and the fact that the there is no injury report of the informant's side on record and the accusation being levelled in the background of earlier land dispute, coupled with the fact that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub Judge IX cum ACJM, Patna, in connection with Phulwarisharif P.S. Case No. 777 of 2019

Patna High Court CR. MISC. No.9864 of 2020(2) dt.03-03-2020 3/3 subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J.) utkarsh/- U T