Sanjeev Kumar @ Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40589 of 2023 Arising Out of PS. Case No.-113 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== SANJEEV KUMAR @ SANJEET KUMAR S/O INDRADEV RAM R/O Village- Shahjahanpur, P.S and Distt.- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bela Singh For the Opposite Party/s :

Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 379, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. The informant alleges that on 07.03.2023, Kameshwar Ram intercepted him and snatched his bicycle, accordingly, he along with his cousin Mukesh went to the house of Kameshwar and asked him to return his bicycle on which ten named accused persons including the petitioner along with ten unknown came variously armed and assaulted him, further alleges that Rakesh Ram assaulted him with an iron rod causing injury on his head and other accused also assaulted him by lathi and danda and Sonu, Monu along with petitioner opened fire.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.40589 of 2023(2) dt.03-08-2023 2/2 petitioner is a person with clean antecedent.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that from bare perusal of the allegations as alleged in the FIR, it would manifest that the dispute was trivial for which an exaggerated allegation has been alleged in the FIR, it is also submitted that though no specific overt act has been alleged against the petitioner but then it is alleged that he along with Sonu and Monu fired but then no one was injured.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Vaishali P.S. Case No. 113 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T