Sanjay Prasad @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25726 of 2024 Arising Out of PS. Case No.-268 Year-2023 Thana- PARANDABAR District- Nawada ====================================================== Sanjay Prasad @ Sanjay Kumar Son of Late Devnandan Prasad R/o Vill.- Baalukurha, P.S.- Parnadabar, Dist.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-05-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Parnadabar P.S.Case No.268/2023 registered for the offences punishable under Sections 341, 323, 307, 354, 379, 504 & 506/34 of the Indian Penal Code .

3. As per the allegation made in the FIR, the petitioner along with the other accused persons with a common intention tried to kill the husband of the informant.

4. Learned counsel appearing on behalf of the petitioner submitted that there is case and counter case between the parties for the same incident, in which both the parties sustained injury and in his self-defence, the petitioner may have caused some injury to the informant side without intention and

Patna High Court CR. MISC. No.25726 of 2024(2) dt.01-05-2024 2/2 the injury is simple in nature. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the fact that there is case and counter case between the parties and the injuries are simple in nature, the petitioner is directed to be released on prearrest bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Nawada/concerned court in connection with Parnadabar P.S.Case No.268 of 2023, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

7. 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 lose its force.

(Purnendu Singh, J) chn/- U