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Patna High CourtCR. MISC./45305/2023bail granted

Sanjay Singh v. The State Of Bihar

2023-08-04Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45305 of 2023 Arising Out of PS. Case No.-10 Year-2023 Thana- AZIMABAD District- Bhojpur ====================================================== SANJAY SINGH S/o- LATE SHIV BACHAN SINGH Village- Fulari POFulari PS.- Sandesh Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kant, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-08-2023 1.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State. 2.

The petitioner apprehends his arrest in connection with Ajimabad P.S. Case No. 10 of 2023, registered for the offences punishable under Sections 147, 149, 341, 323, 307, 379, 504 and 506 of the Indian Penal Code.

3.

The allegation is regarding the informant along with his nephew having gone towards the road while carrying a sum of Rs. 1,45,000/- on the alleged date and time of occurrence when they were intercepted by the accused persons including the petitioner herein and as far as the petitioner is concerned, he is stated to have assaulted the

Patna High Court CR. MISC. No.45305 of 2023(2) dt.04-08-2023 2/3 informant by Khanti.

4.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted, by referring to the supplementary injury report annexed as Annexure-2 to the present petition, that the injuries sustained by the informant, attributable to the petitioner herein, have been found to be simple in nature, hence it is submitted that the petitioner be granted the privilege of anticipatory bail.

5.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the injuries sustained by the informant,

Patna High Court CR. MISC. No.45305 of 2023(2) dt.04-08-2023 3/3 attributable to the petitioner herein, has been found to be simple in nature, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

7.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Arrah in connection with Ajimabad P.S. Case No. 10 of 2023,subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T