Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67610 of 2021 Arising Out of PS. Case No.-52 Year-2021 Thana- KAJRA District- Lakhisarai ====================================================== DHANIK MAHTO Son of Late Lakhan Mahto Resident of Village - Ramtaliganj, P.s.- Kajra, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== WITH CRIMINAL MISCELLANEOUS No. 34461 of 2022 Arising Out of PS. Case No.-52 Year-2021 Thana- KAJRA District- Lakhisarai ====================================================== SANDEEP KUMAR S/o Anik Mahto Resident of Village- Ramtaliganj, P.S.- Kajra, District- Lakhisarai.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 67610 of 2021) For the Petitioner/s :

Mr. Umesh Prasad For the Opposite Party/s :

Mr. Ashok Kumar Singh (In CRIMINAL MISCELLANEOUS No. 34461 of 2022) For the Petitioner/s :

Mr. Umesh Prasad For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2022 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the

Patna High Court CR. MISC. No.67610 of 2021(4) dt.31-08-2022 2/3 Bench.

As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

The petitioners apprehend their arrest in Kajra P.S. Case No. 52/2021 registered for the offences punishable under Sections 147, 148, 149, 324, 325, 326, 302, 307, 504 & 506 of the Indian Penal Code and Section 27 of the Arms Act pending in the Court of learned J.M. 1st Class, Lakhisarai. Petitioners in association of other co-accused are said to have assaulted the informant and his family members, due to which father of the informant sustained grievous injury and during course of treatment he succumbed to his injury. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to land dispute. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioners is serious in nature, hence they do not

Patna High Court CR. MISC. No.67610 of 2021(4) dt.31-08-2022 3/3 deserve anticipatory bail.

Considering the facts and circumstances of case, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected.

However, the petitioners are directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T