Sanjan Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39121 of 2022 Arising Out of PS. Case No.-113 Year-2022 Thana- DAUDPUR District- Saran ====================================================== Sanjan Kushwaha Son of Late Ramjanam Prasad @ Ramjanam Paswan Resident of Village - Kohra, P.S. - Daudpur, District - Saran at Chapra (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 379, 307, 504, 506, 34 of the Indian Penal Code.

The prosecution case, in brief, is that on 11.04.2022 at about 08:45 A.M. neighbour of the informant blocked the road by dropping sand upon which the informant protested then the accused petitioner along with Urmila Devi, Nishu Kumari started abusing and the accused petitioner assaulted the informant with sword on his head due to which the blood started oozing out. On hulla, informant's wife Sumitra Devi and her daughter came to rescue then the accused petitioner broke the

Patna High Court CR. MISC. No.39121 of 2022(4) dt.23-02-2023 2/3 teeth of informant's wife and caught her hair and he also assaulted the daughter on her head due to which she became unconscious.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that there is admitted land dispute between the parties and there is case and counter case. He further submits that as per F.I.R. the allegation against the petitioner is that he has assaulted the informant with sharp edged sword on the head of the informant but the injury report does not support the allegation as alleged in the F.I.R. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 21.05.2022.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Daudpur P.S. Case No. 113 of 2022, with the following

Patna High Court CR. MISC. No.39121 of 2022(4) dt.23-02-2023 3/3 conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T