Sanjay Saw @ Sanjay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34313 of 2022 Arising Out of PS. Case No.-2 Year-2022 Thana- KHUDWA District- Aurangabad ====================================================== Sanjay Saw @ Sanjay Prasad Son Of Raghav Saw Resident Of VillageKalen, P.S.- Khudwa, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Khudwan P.S. Case No.02 of 2022 registered for the offences punishable under Sections 147, 149, 188, 341, 323 and 307 of the Indian Penal Code.

As per the allegation, the petitioner and co-accused persons encroached the disputed land and started fencing the said land while CO and incharge of P.S. concerned specifically restricted the accused persons from going over the disputed land and when the prosecution party objected the said alleged act of the accused persons, the petitioner and co-accused persons assaulted the prosecution party by means of khanti and lathi. The main submissions advanced by the learned counsel Mr. Rajiv Kumar for the petitioner are that against the

Patna High Court CR. MISC. No.34313 of 2022(2) dt.12-09-2022 2/2 petitioner there is no any specific allegation, the petitioner himself sustained serious injuries on his head, shoulder and hand caused by Manoj Pandey and others and petitioner's injury report's copy has been filed as Annexure-6 and in between both the parties there is case and counter case.

Learned APP Ms. Indu Kumari Srivastava appearing for the State has opposed the bail prayer.

In view of above submissions and considering the facts that a land dispute is stated to have led the commission of the alleged occurrence and there is no any specific allegation against the petitioner and there is case and counter case in between both the parties and petitioner is stated to be one of the injured persons in the case lodged on behalf of petitioner's side, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Khudwan P.S. Case No.02 of 2022.

(Shailendra Singh, J.) sangam/- U T