Sanjay Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37572 of 2017 Arising Out of PS.Case No. -145 Year- 2014 Thana -AADAPUR District- EASTCHAMPARAN (MOTIHARI) ======================================================

1. Sanjay Kumar

2. Lal Bihari Rai Both sons of Shambhu Rai

3. Shambhu Rai son of Late Paltu Rai

4. Ramyash Rai, son of Late Suraj Rai All residents of Village - Jhitkahia, P.S. - Adarpur, District - East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 16-08-2017 Heard learned counsels for the petitioners and the State.

The petitioners apprehend their arrest in connection with Adapur P. S. Case No. 145 of 2014 instituted under Sections 147, 148, 323, 447, 307, 379, 504 and 506 of the Indian Penal Code.

The allegation, in brief, is that all accused persons started abusing and assaulting the informant. However, the specific allegation of assault over the head of the informant is against Sanjay Kumar.

It is submitted that informant and the petitioners are agnates and due to land dispute, there was a case and counter case

Patna High Court Cr.Misc. No.37572 of 2017 (2) dt.16-08-2017 2/2 between both sides and there is no specific allegation against the petitioners, except petitioner no. 1 Sanjay Kumar and the injuries found on the persons of the injured are simple in nature and they have also compromised the case.

It appears that there is specific allegation of assault against petitioner no. 1, Sanjay Kumar, by giving repeated blow on the head of the informant and corresponding two injuries by sharp edged weapon were found on the head of the informant, though simple in nature, so his prayer for anticipatory bail stands rejected.

As far as rest of the petitioners are concerned, there is general and omnibus allegation against them, petitioners, namely, Lal Bihari Rai, Shambhu Rai and Ramyash Rai, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul, East Champaran in connection with Adapur P.S.Case No. 145 of 2014; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Arun Kumar, J) Sujit/- U