Sanjay Kumar Singh @ Sanjay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17038 of 2022 Arising Out of PS. Case No.-58 Year-2021 Thana- CHANDI District- Bhojpur ====================================================== 1.
Sanjay Kumar Singh @ Sanjay Singh S/O Nand Kumar Singh Resident Of Village- Jalpura (Tapa), P.S.- Chandi, District- Bhojpur. 2.
Avinash Singh @ Avinash Kumar S/O Late Umesh Singh Resident Of Village- Jalpura (Tapa), P.S.- Chandi, District- Bhojpur. 3.
Mamta Devi @ Mamta Singh @ Babli Devi @ Baby Singh W/O Sanjay Singh Resident Of Village- Jalpura (Tapa), P.S.- Chandi, District- Bhojpur. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Singh For the Opposite Party/s :
Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2022 By order dated 02.06.2022, the anticipatory bail application of the petitioner no.1 was withdrawn. Heard learned counsel for the rest petitioners and learned APP for the State.
The petitioner nos.2 and 3 seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 354(B), 307 and 379 of the Indian Penal Code.
The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner no.3 is a woman and the informant alleges that on 05.04.2021 at
Patna High Court CR. MISC. No.17038 of 2022(3) dt.26-09-2022 2/3 about 8.30 A.M. when she was doing household work when five accused persons including the petitioners started flashing their pistol and accused orders to kill everyone and loot the goods of the house. It is next alleged that Gautam Singh assaulted the informant with an iron rod causing injury on her head and thereafter, all the accused persons assaulted her with kicks and fists and Babli Devi took Rs.20,000/- from box along with clothes kept in it and petitioner no.2 snatched the golden chain of the informant worth Rs.1,00,000/-. Thereafter, all the accused tore her blouse.
The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. It is next submitted that admittedly the petitioners are agnates and there is a land dispute from the side of the petitioner also Chandi P. S. Case No.57 of 2021 has been instituted, as such, the present case is a counter-blast. It is next submitted that even injuries suffered by the informant is simple in nature as pleaded in Para-10 of the present petition.
Learned A.P.P. opposes the bail application.
Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below
Patna High Court CR. MISC. No.17038 of 2022(3) dt.26-09-2022 3/3 within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Chandi P. S. Case No.58 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T