Sanjeev Singh @ Sanjeev Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16001 of 2023 Arising Out of PS. Case No.-1181 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Sanjeev Singh @ Sanjeev Kumar Singh Son of Aniruddh Prasad Singh Resident of Housing Board Colony, P.S.- Barari, District - Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :
Mr. Md. Shakir Ahmad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-04-2023 Heard Mr. Yogesh Chandra Verma, learned Senior Counsel assisted by Mr. Chandra Shekhar Anand, learned Counsel appearing on behalf of the petitioner and Mr. Md. Shakir Ahmad, learned A.P.P. appearing on behalf of the State.
2. The petitioner seeks pre-arrest bail in connection with Bhagalpur Kotwali (Barari) P.S. Case No. 1181 of 2022 dated 12.12.2022 for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 379, 307, 329, 504, 506, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.
3. Prosecution story in brief is that the petitioner along with other co-accused and the staffs of one Big Daddy restaurant had assaulted the informant and his wife, who sustained grievous injuries.
Patna High Court CR. MISC. No.16001 of 2023(2) dt.10-04-2023 2/3
4. Learned Senior Counsel appearing on behalf of the petitioner submitted that the direct allegation is against coaccused Dilip Mandal and Dhananjay Yadav, who had fired upon the informant and the informant is the eye witness. So far as the petitioner is concerned, general and omnibus allegation has been made against him that he along with Ashish Mandal and 4-5 staffs of the restaurant had assaulted the wife of the informant, who had come to rescue him. Petitioner has clean antecedent.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the grant of anticipatory bail of the petitioner.
6. Considering the nature of allegation made in the FIR as well as specific allegation made against one co-accused Dilip Mandal, who had fired on the informant due to which the informant sustained fire-arm injuries. No specific allegation of assault has been made against the petitioner in the FIR. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner is directed to be released on prearrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on
Patna High Court CR. MISC. No.16001 of 2023(2) dt.10-04-2023 3/3 furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Bhagalpur Kotwali (Barari) P.S. Case No. 1181 of 2022 dated 12.12.2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
8. The Court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically loose its force.
(Purnendu Singh, J) Niraj/- U T