Nagarjun Sah @ Rajnikant Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21709 of 2023 Arising Out of PS. Case No.-411 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== NAGARJUN SAH @ RAJNIKANT SAH Son of Mahendra Sah R/VGhataro PS- Kartahan, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No.Ii, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307 and 34 of the Indian Penal Code and Section 27 of the Arms act.

The informant alleges that on account of dispute relating to diyara land the accused persons including the petitioner along with 10-12 unknown criminals came armed with deadly weapons and started firing causing injury to him and Raj Kumar.

Learned counsel for the petitioner submits that the petitioner has antecedent of four cases but inadvertently in the impugned order it has been recorded that petitioner has

Patna High Court CR. MISC. No.21709 of 2023(2) dt.05-07-2023 2/3 antecedent of fives cases. It is next submitted that out of four cases, three cases were instituted in the year 2000 and 2002 and one case was instituted in the year 2022. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the dispute related to land pertaining to diyara and as such, from side of the informant also assault was committed on side of the petitioner, it is also submitted that though firing was done but then no injury was suffered by the informant and Raj Kumar.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Lalganj P.S. Case No. 411 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, the learned Trial Court before accepting the

Patna High Court CR. MISC. No.21709 of 2023(2) dt.05-07-2023 3/3 bail bonds of the petitioner shall verify whether informant and Raj Kumar have suffered any fire injury or not and in the event, if it is found that any firearm was sustained by the informant or Raj Kumar then in that the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) GauravSinha/- U T