Sanjay Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20546 of 2019 Arising Out of PS. Case No.-152 Year-2018 Thana- FATEHPUR District- Gaya ====================================================== 1.

Sanjay Rajbanshi, Son of Prayag Rajbanshi, Resident of village- Nagawan, P.S.- Fatehpur, District- Gaya.

2.

Pramod Rajbanshi, Son of Prayag Rajbanshi, Resident of village- Nagawan, P.S.- Fatehpur, District- Gaya.

3.

Mithilesh Rajbanshi, son of Prayag Rajbanshi, Resident of villageNagawan, P.S.- Fatehpur, District- Gaya. 4.

Naresh Rajbanshi, Son of Baleshwar Rajbansh, Resident of villageNagawan, P.S.- Fatehpur, District- Gaya. 5.

Purushottam Kumar, Son of Naresh Rajbanshi, Resident of villageNagawan, P.S.- Fatehpur, District- Gaya. 6.

Mohit Kumar, Son of Naresh Rajbanshi, Resident of village- Nagawan, P.S.- Fatehpur, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2019 This is an application for grant of anticipatory bail in connection with Fatehpur P.S. Case No. 152 of 2018, disclosing offences under Sections 341, 323, 307, 379, 447, 504, 34 of IPC.

Allegation against the petitioner no.1 is of assault by lathi to the informant, against petitioners no. 2 & 3 of assault by rod to the informant, causing injury and there is no specific allegation against the petitioners no. 4 ,5 and 6. Submission of the learned counsel for the petitioners

Patna High Court CR. MISC. No.20546 of 2019(5) dt.16-07-2019 2/2 is that there is case and counter case between the parties and though the opinion of some injuries were kept reserved for Xray, which has not come up till now. On perusal of the record, a letter of S.S.P. Gaya, from which it appears that the injured had not appeared in the hospital for further examination and as such, supplementary injury report is not available. Heard learned A.P.P. also.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned A.C.J.M.-X, Gaya, in connection with Fatehpur P.S. Case No. 152 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T