Sanjay Rai @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39617 of 2020 Arising Out of PS. Case No.-281 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== 1.

Sanjay Rai @ Sanjay Kumar, S/O Late Bindesher Rai, Resident of VillageDubarbana, P.S.- Minapur, Distt- Muzaffarpur. 2.

Arvind Rai, Son of Late Bindesher Rai, Resident of Village- Dubarbana, P.S.- Minapur, Distt- Muzaffarpur.

3.

Shivam Kumar, Son of Arvind Rai, Resident of Village- Dubarbana, P.S.- Minapur, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mani Bhushan Kumar- Advocate For the Opposite Party/s :

Mr. Nagendra Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-06-2021 Heard Mr. Mani Bhushan Kumar, learned advocate for the petitioners and Mr. Nagendra Prasad, the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Minapur P. S. Case No.281 of 2020, instituted for the offence under Sections 341, 323, 324, 307, 504 and 506/ 34 of the Indian Penal Code. Though the petitioners are alleged to have assaulted two of the members of the prosecution party, but out of them, one has received simple injury whereas the other has received grievous injury.

Patna High Court CR. MISC. No.39617 of 2020(2) dt.02-06-2021 2/3 The learned counsel for the petitioners has submitted that the petitioners are agnates of the informant and the occurrence took place out of a small dispute between them.

Considering the fact that this kind of litigation would only disturb the peace between two groups of agnates, a compromise has been effected and the informant, now, does not wish to prosecute the petitioners any further. Learned counsel for the petitioners has submitted that the offence though against human body is of a private nature and does not have the potency or disturbing the public order.

Considering the afore-stated facts and taking into account the clean antecedents of the petitioners, above named, they are directed to be released on bail, in the event of his arrest or surrender before the Court below within a period of eight weeks from the date of receipt/ production of a copy of this order, on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with

Patna High Court CR. MISC. No.39617 of 2020(2) dt.02-06-2021 3/3 Minapur P. S. Case No.281 of 2020, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

The application stands disposed off.

(Ashutosh Kumar, J) vikash/- U T