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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27927 of 2018 Arising Out of PS. Case No.-27 Year-2018 Thana- MANER District- Patna ====================================================== Sanjay Kumar Rai @ Sanjay Kumar , Son of Deo Muni Rai, Resident of Village- Mahuyari Bagicha P.S.-Maner, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Pramod Kumar, Advocate For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 27-06-2018 Heard Sri Pramod Kumar, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner , apprehending his arrest in connection with Maner P.S. Case No. 27 of 2018, registered for the offence under Sections 341, 323, 307, 379, 504 & 34 of the Indian Penal Code , 1860 ( hereinafter referred to as the "I.P.C.") , has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner at the very outset has drawn my attention to the statement made in paragraph no. 3 of the petition to show that petitioner is having clean antecedent. By way of referring to F.I.R., learned counsel for the petitioner submits that on perusal of the allegation in the F.I.R. it is evident that there was no case of application of Section 307 of the I.P.C. and allegation of offence under Section 379 of the

Patna High Court Cr.Misc. No.27927 of 2018(4) dt.27-06-2018 2/2 I.P.C. appears to be exaggeration of the allegation, otherwise other Sections were not serious in nature. By way of referring to supplementary affidavit ( Annexure - '3') , learned counsel for the petitioner submits that injured though initially was referred by P.H.C., Maner to P.M.C.H., in the P.M.C.H. while he was examined, the doctor at P.M.C.H. had not noticed any external injury on the person of the injured.

In view of the facts and circumstances as well as nature of accusation , the court is of the opinion that it is a fit case for extending the privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let petitioner Sanjay Kumar Rai @ Sanjay Kumar be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( rupees ten thousand ) with two sureties of the like amount each to the satisfaction of Sri Sandeep Kumar, Judicial Magistrate 1st Class, Danapur / concerned court in connection with Maner P.S. Case No. 27 of 2018 subject to the conditions as contemplated under Section 438(2) of the Code of Criminal Procedure, 1973. praful/- (Rakesh Kumar, J) U T