Sanjiv Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31238 of 2023 Arising Out of PS. Case No.-233 Year-2020 Thana- BARUN District- Aurangabad ====================================================== SANJIV KUMAR Son of Budhdev Paswan Resident of Village - Karamdih, P.S.- Barun, District - Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Barun P.S. Case No. 233 of 2020 registered for the offence under Section 448, 341, 147, 323, 307, 506 and 504 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 08.02.2023.
The allegation against this petitioner is to assault informant and others alongwith other co-accused persons/family members, where assault alleged to cause collectively, causing bodily and head injuries without specifying any weapons,
Patna High Court CR. MISC. No.31238 of 2023(2) dt.06-07-2023 2/3 where occurrence arises out of land dispute.
Learned counsel appearing on behalf of the petitioner submitted that the allegation as to cause bodily injuries by means of unspecified weapons, appearing very much general and omnibus and same is apparent from the face of F.I.R. It is submitted that similarly situated co-accused persons, namely Bablu Kumar and Dablu Kumar have already granted bail by learned co-ordinate Bench of this Court through Cr. Misc. No. 65786 of 2022 vide order dated 20.03.2023. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has already submitted, as such, there is no chance of tampering with the evidence. Learned APP opposed the prayer of bail.
Considering the facts and circumstances as mentioned above, as by taking note of the fact, as allegation qua physical assault is appearing very much general and omnibus against this petitioner, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 08.02.2023, accordingly the petitioner, above named, is directed to be released on bail in connection with Barun P.S. Case No. 233 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.31238 of 2023(2) dt.06-07-2023 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Aurangabad/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T