Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25732 of 2020 Arising Out of PS. Case No.-412 Year-2019 Thana- ROSERA District- Samastipur ====================================================== Sanjay Kumar Singh, aged about 40 years, male, Son of Late Shiv Chandra Singh, Resident of Village - Murapur, P.S. - Rosera, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-10-2020 Heard Mr. Mukesh Kumar Singh, learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Rosera P.S. Case No. 412 of 2019, dated 16.12.2019, instituted for the offences under Sections 147, 148, 149, 307, 323, 324, 341, 448, 504 and 506 of the Indian Penal Code.

The petitioner is stated to have assaulted the

Patna High Court CR. MISC. No.25732 of 2020(2) dt.14-10-2020 2/3 husband of the informant after winning the PACS election. The specific accusation against the petitioner in the F.I.R. is of assaulting on the head of the husband of the informant. Some other accused persons are stated to have used a sharp cutting weapon in assaulting the husband of the informant.

Learned counsel for the petitioner has drawn the attention of this Court to the injury report of the husband of the informant, which belies the prosecution version in as much as he has received two simple injuries on his hand and leg, which cannot be attributed to the petitioner. The motive behind the occurrence is that earlier the father-in-law and the sister-in-law of the informant were PACS Chairman of Jahangirpur North. The petitioner was a candidate in the last PACS election and in 2019 PACS Chairman Election, he again won the election in which the nephew of the husband of the informant was a contestant and had lost. It is only because of the post-election dispute that the petitioner has been made accused in this case.

Patna High Court CR. MISC. No.25732 of 2020(2) dt.14-10-2020 3/3 Regard being had to the aforesaid facts and taking into account the fact that the petitioner is a person of clean antecedents, he, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Addl. Chief Judicial Magistrate, Rosera, Samastipur, in connection with Rosera P.S. Case No. 412 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T