Sanjay Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27362 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.

Sanjay Soni Son of Ram Baran Sah 2.

Priyanka Kumari@ Priyanka Devi W/o Sanjay Soni 3.

Jagarnath Sah S/o Late Triveni Sah 4.

Dilip Sah @ Dilip Kumar S/o Banshi Sah All Resident of Village- Bshnupur, Ward No. 42, P.S.- Town, DistrictBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-04-2024

1. Heard learned counsel for the petitioners as well as learned APP for the State.

2. Learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with respect to petitioner no.3 and 4.

3. Permission is accorded.

4. Accordingly, the anticipatory bail application is dismissed as withdrawn as against petitioner no.3 and 4.

5. The rest petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 506 and 34 of the IPC.

6. The learned counsel for the petitioners submit that

Patna High Court CR. MISC. No.27362 of 2024(2) dt.20-04-2024 2/3 petitioners are person with clean antecedent and petitioner no.2 is a women.

7. It is next submitted that the allegation against petitioner no.1 is that he assaulted the informant by butt of pistol on heading, causing injury and as far as petitioner no.2 is concerned the allegation against her is general, omnibus and ornamental in nature. It is further submitted that even the injuries suffered by the injured on head is simple in nature and the blow is not said to have been repeated. It is further submitted that though it is alleged that petitioner no.1 assaulted the informant by butt of the pistol, but then in the last part of the FIR, it is alleged that Raj Kumar assaulted him by an iron rod causing injury on head. It is thus submitted that petitioner no.1 has been falsely implicated when the injury caused to the informant on head was by Raj Kumar. It is also submitted that had the petitioner no.1 assaulted by butt of the pistol, in that event the FIR would have been instituted under the Arms Act also, but then that is not the case. It is further submitted that even the injuries suffered by the injured is simple in nature.

8. The learned APP opposes the anticipatory bail application.

9. Considering the submissions made by the learned

Patna High Court CR. MISC. No.27362 of 2024(2) dt.20-04-2024 3/3 counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below 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) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No.73 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

10.

The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T