← Library
Patna High CourtCR. MISC./26926/2022bail granted

Sanjay Rai @ Upendra Rai @ Sanjay Kumar @ Upendra Kumar v. The State Of Bihar

2022-11-14Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26926 of 2022 Arising Out of PS. Case No.-309 Year-2021 Thana- SONEPUR District- Saran ====================================================== SANJAY RAI @ UPENDRA RAI @ SANJAY KUMAR @ UPENDRA KUMAR S/o Kapil Rai Resident of Village - Sabalpur Chaharam, P.S. - Sonepur, District - Saran.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in short, is that due to dispute over construction, the accused persons variously armed assaulted the informant and family members due to which they sustained injuries.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.26926 of 2022(2) dt.14-11-2022 2/2 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Sonepur P.S. Case No. 309/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T