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Patna High CourtCR. MISC./28330/2019allowed

Sanjay Kumar @ Sanjay Rai v. The State Of Bihar

2019-07-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28330 of 2019 Arising Out of PS. Case No.-272 Year-2018 Thana- MANER District- Patna ====================================================== Sanjay Kumar @ Sanjay Rai, aged about 35 years, Male, Son of Late Ramsundar Rai @ Late Ramsundar Singh, Resident of Village - Khaspur, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 337, 338, 354, 384, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that as per the written report of Jay Kumar Nirala, dated 03.06.2018, submitted to the Station House Officer, Maner Police Station, is to be the effect that on 03.06.2018 at 7 PM, while the informant along with the Panchayat Mukhiya, Priyanka Kumari was proceeding towards Khaspur Panchayat Office, in the meantime, all the accused persons, including the petitioner, surrounded the Panchayat Mukhiya, Priyanka Kumari and started abusing her and also demanded Rs.

Patna High Court CR. MISC. No.28330 of 2019(4) dt.22-07-2019 2/2 20,000/- as extortion, which was protested by the informant. Then all the accused persons started assaulting the informant and pulled the Duppata of the Panchayat Mukhiya, Priyanka Kumari and also resorted to fire. The petitioner inflicted a knife blow on the informant and when the family members of the informant came to rescue him, the accused persons also assaulted them.

It is further submitted that in the background of a petty dispute, the accusation has been levelled. The injuries of all the injured persons have been found to be superficial and simple in nature. In a free fight both the sides have received injuries. The other co-accused persons have been granted anticipatory bail by this Hon'ble Court vide Cr. Misc. No. 70865 of 2018 dated 21.12.2018. Let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned J. M. 1st Class, Danapur in connection with Maner P.S. Case No. 272 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T