Patna High CourtCR. MISC./38392/2024bail granted

Sahendra Singh v. The State Of Bihar

2024-07-03Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38392 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- NATWAR District- Rohtas ====================================================== Sahendra Singh Son of Late Sudarshan Singh Resident of Village- Rampur Lakh, P.S.- Natwar, Distt. - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Natwar Police Station Case No. 55 of 2024 dated 08.03.2024 disclosing the offences under sections 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.

3. As per prosecution case on 08.03.2024, while the sons of the informant, namely, Sanjeet Kumar and Ranjeet Kumar were going to the market, the petitioner along with his son, Prem Chand @ Mutur assaulted the informant's sons by means to Garasa, Bhala, Danda etc.

4. Learned counsel for the petitioner submits that there is admitted land dispute between the parties which would be evident from the FIR itself. There is a case and counter case inasmuch as Natwar PS Case No. 56 of 2024 has been lodged by the son of the petitioner. The petitioner has sustained grievous injury on his nose due to the assault made to the petitioner and his wife by the informant's sons. Learned counsel

Patna High Court CR. MISC. No.38392 of 2024(2) dt.03-07-2024 2/2 next submits that the son of the petitioner is in custody since 09.03.2024 and both the parties have filed compromise petition before the concerned court.

5. Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that there is a case and counter case between the parties, the petitioner has also sustained grievous injury and there is admitted land dispute between them and the son of the petitioner is already in custody since 09.03.2024, I am inclined to grant the petitioner privilege of anticipatory bail.

6. Let the petitioner, named above, in the event of arrest or surrender before the court below within four weeks, 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 learned Additional Chief Judicial Magistrate- 1st, Bikramganj, Rohtas in connection with Natwar Police Station Case No. 55 of 2024 dated 08.03.2024, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) perwez U T