Sanjay Verma @ Sanjay Kumar Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19703 of 2023 Arising Out of PS. Case No.-418 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== Sanjay Verma @ Sanjay Kumar Verma, Son of Late Vipin Prasad, Resident of Village- Ajua, P.S.- Shikarpur, District- West Champaran, Bettiah ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ansul, Advocate Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-06-2023 Heard Mr. Ansul, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Sikarpur P.S. Case No. 418 of 2021 registered for the offences punishable under Sections 448, 341, 323, 324, 307, 379, 354, 504/34 of the Indian Penal Code.
Allegedly on account of some dispute, all the accused persons named in the F.I.R., including the petitioner, barged into the house of the informant and started assaulting his wife and snatched her valuables. When the informant came in rescue to his wife, the petitioner and co-accused Suresh Mahto assaulted him by means of a sharp edge weapon, resulting into
Patna High Court CR. MISC. No.19703 of 2023(2) dt.15-06-2023 2/3 serious injuries. It is also alleged that the accused persons also took away cash of Rs.40,000/- from his shop.
Learned counsel appearing on behalf of the petitioner submits that there is land dispute between the parties, resulting into a free fight between the family members of the informant and the petitioner, wherein a counter case has also been instituted from the petitioner's side, being Bettiah P.S. case no. 37 of 2021 under SC/ST Act. He further submits that the injuries, which are allegedly sustained on the person of the informant, have found to be simple in nature and moreover it has not been specifically stated that who assaulted on the vital part of the informant, as only omnibus allegation has been levelled against two persons, including the petitioner. He lastly submits that the petitioner is a man of fair antecedent and he undertakes that he will fully cooperate in the investigation and will not indulge in intimidating the witnesses or tampering with the evidence.
On the other hand, learned counsel for the State vehemently opposes the bail application and submits that specific allegation has been levelled against the petitioner that he assaulted the informant by means of a sharp edge weapon. Regard being had to the submissions made on behalf
Patna High Court CR. MISC. No.19703 of 2023(2) dt.15-06-2023 3/3 of the parties and considering the nature of injuries, which are simple, coupled with the fact that there is a case and counter case and petitioner having fair antecedent, let the petitioner, above named be, released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Sikarpur P.S. Case No. 418 of 2021, subject to the conditions laid down in Section 438(2) Cr.P.C.
(Harish Kumar, J) uday/- U T