Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2289 of 2021 Arising Out of PS. Case No.-135 Year-2020 Thana- KHIJARSARAI District- Gaya ====================================================== 1.

SANJAY SINGh Son of Late Bageshwari Singh @ Vageshwari Singh Resident of Village-Mandai, P.S.-Khizersarai, District-Gaya. 2.

Lavkush Singh @ Lovkush Singh Son of Late Bageshwari Singh @ Vageshwari Singh Resident of Village-Mandai, P.S.-Khizersarai, DistrictGaya. 3.

Karu Singh @ Chandrama Singh Son of Late Bageshwari Singh @ Vageshwari Singh Resident of Village-Mandai, P.S.-Khizersarai, DistrictGaya. 4.

Chandtara Singh Son of Late Bageshwari Singh @ Vageshwari Singh Resident of Village-Mandai, P.S.-Khizersarai, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Dhirendra Pratap Singh, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-10-2021 Heard learned counsel for the petitioners and the learned counsel for the informant as well as learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Khizersarai P.S. Case No. 135 of 2020 for the offence punishable under Sections 341, 323, 307, 325 and 379/34 of the Indian Penal Code.

According to the prosecution case, altogether four accused persons variously armed with lathi and iron rod came to the informant in drunken condition and started assaulting him along with his wife as a result of which, he sustained nose injuries and they snatched the golden chain of his wife.

Patna High Court CR. MISC. No.2289 of 2021(3) dt.27-10-2021 2/2 Learned counsel appearing for the petitioners submits that the petitioners are innocent and have not committed any offence. In fact, these petitioners have falsely been made accused in this case due to dirty village politics. There is general and omnibus allegation against the petitioner and no specific allegation of assault is attributed to them. Moreover, the injury report also does not corroborate with prosecution version. Hence, the petitioners may be granted the privilege of anticipatory bail.

Learned counsel for the informant and learned A.P.P. for the State vehemently opposed the prayer for bail of these petitioners.

Considering the facts and circumstances of the case, let the, above named, petitioners in the event of their arrest or surrender before the court below within a period of four weeks be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Gaya in connection with Khizersarai P.S. Case No. 135 of 2020 subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Rajesh Kumar Verma, J) braj/- U T