Sanjay Upadhyay @ Sanjay Kumar Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49549 of 2021 Arising Out of PS. Case No.-102 Year-2021 Thana- AANDAR District- Siwan ====================================================== SANJAY UPADHYAY @ SANJAY KUMAR UPADHYAY Son of Shyam Kamal Upadhyay Resident of Village- Hujahujipur, P.S.- Andar, DistrictSiwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Andar P.S. Case No.102 of 2021, registered for the offences punishable under Sections 341, 323, 447, 308, 504, 506 and 34 of the Indian Penal Code.

The petitioner is said to have assaulted the informant by means of lathi on his head causing head injury. When the mother and younger brother of the informant came to save him, the petitioner and other co-accused persons also assaulted them with lathi.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.49549 of 2021(3) dt.05-07-2022 2/2 present case. It is further submitted that there is case and counter case between the parties and both sides sustained injuries. It is submitted that there is land dispute between the parties and both sides are agnates. It is lastly submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application.

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

Taking into consideration the facts that there is case and counter case and both sides sustained injuries, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Siwan in connection with Andar P.S. Case No.102 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J.) Sanjay/- U T