← Library
Patna High CourtCR. MISC./25503/2022disposed

Sanjeet Kumar v. The State Of Bihar

2022-12-21Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25503 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- NAANPUR District- Sitamarhi ====================================================== 1.

Sanjeet Kumar Son of Lal Babu Mahto Resident of Village - Birauli, P.s.- Pupri, Distt.- Sitamarhi, (Bihar).

2.

Sunil Mahto @ Sunil Kumar Son of Ramashish Mahto Resident of Village - Birauli, P.s.- Pupri, Distt.- Sitamarhi, (Bihar). 3.

Raju Mahto @ Raju Mahato Son of Ram Umed Mahato Resident of Village - Birauli, P.s.- Pupri, Distt.- Sitamarhi, (Bihar). 4.

Ashok Mahto @ Ashok Kumar Son of Bhola Mahto Resident of Village - Birauli, P.s.- Pupri, Distt.- Sitamarhi, (Bihar). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.4, Ashok Mahto @ Ashok Kumar. Permission is accorded.

The petitioner nos. 1, 2 and 3 apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 354, 427, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.25503 of 2022(3) dt.21-12-2022 2/3 petitioners are persons with clean antecedent and the informant alleges that on account of dispute relating to land, the occurrence is alleged to have taken place in which Sanjeet is alleged to have assaulted the informant with butt of the pistol causing injury, Sunil Mahto is alleged to have assaulted Manish with an iron rod causing injury and Raju Mahto assaulted Lalan by lathi causing injury on head.

Learned counsel for the petitioners submits that on account of dispute relating to land, the occurrence took place and the injuries suffered by the injured is simple in nature which amply demonstrates that petitioners never had any intention of committing a serious occurrence.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners but very fairly submits that injury suffered by the informant is simple in nature. Considering the submissions made by the learned counsel for the petitioners, the petitioner nos. 1, 2 and 3, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds 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

Patna High Court CR. MISC. No.25503 of 2022(3) dt.21-12-2022 3/3 the case is pending/successor court in connection with Nanpur P.S. Case No. 28 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T