Sandeep Kumar @ Santosh Kumar @ Sandip Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41691 of 2022 Arising Out of PS. Case No.-425 Year-2021 Thana- BELAGANJ District- Gaya ====================================================== Sandeep Kumar @ Santosh Kumar @ Sandip Kumar Son of Late Madheshwar Singh Resident of Village - Pranpur, P.s.- Belaganj, and Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No2, Advocate For the State :
Mr. Rajesh Kumar, APP For the Informant/s : Mr. Shailesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner as well as learned counsel for the informant and learned APP for the State. Petitioner seeks regular bail in connection with Belaganj P.S. Case No. 425 of 2021 registered for the offences punishable under Sections 307, 323, 341, 354, 379, 504, 506 and 34 of the Indian Penal Code.
As per the prosecution, the informant has alleged that he had informed the owner of the land (petitioner) to take his share of paddy (Dhaan) upon which this petitioner with other co-accused persons came at the land and demanded the informant's share also. Thereafter, upon protest made by
Patna High Court CR. MISC. No.41691 of 2022(2) dt.17-11-2022 2/3 informant's wife the co-accused Sandip Kumar started assaulting her, in the meantime the other co-accused Aditya Kumar tried to fire at the informant but the bullet did not fire and then he attacked the informant with a knife inflicting knife injury to him and other co-accused Anamika Kumari also inflicted knife injury upon the informant, thereafter this petitioner assualted him by means of Lathi. Further it is alleged that all the accused persons fled away after snatching a gold chain, a mangalsutra and earrings of the informant's wife. The main submissions advanced by learned counsel Mr. Manish Kumar No.
2, appearing for the petitioner are that as per the prosecution the petitioner assaulted the informant by means of Lathi and the allegation of assaulting by means of knife is against co-accused persons and the FIR was lodged five days after the alleged occurrence and the petitioner has been languishing in jail since 20.02.2022 and against him there is criminal antecedent of one case in which he is on bail. On the other hand, learned counsel Mr.Shailesh Kumar appearing for the informant and learned APP Mr.
Patna High Court CR. MISC. No.41691 of 2022(2) dt.17-11-2022 3/3 informant sustained three injuries in which one has been opined to be grievous in nature and the same has been found on vital part of his body and there is criminal antecedent of one case against the petitioner also.
Heard both the sides and perused the FIR and the injury report of the informant filed as Annexure-2. As per the FIR the petitioner used lathi in assaulting the informant and there is no allegation of repeated blows by the petitioner while assaulting the informant and a dispute having been occurred in respect of the distribution of Paddy (Dhaan) crops in between both the parties is stated to be the genesis of the occurrence. Considering these facts and mainly taking into account the petitioner's custody period and the genesis of the occurrence, in the opinion of this Court the petitioner deserves to a lenient approach of this Court, let the petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Gaya, in connection with Belaganj P.S. Case No. 425 of 2021.
(Shailendra Singh, J.) maynaz/- U T