Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46948 of 2023 Arising Out of PS. Case No.-85 Year-2023 Thana- AGAMKUAN District- Patna ====================================================== 1.
Sanjay Kumar Son-Late Anuj Chandra Yadav Resident of Naya Tola, Dabar Gali, Kumrahar, P.S.-Agamkuan, District-Patna 2.
Nitish Kumar Son-Late Anuj Chandra Yadav Resident of Naya Tola, Dabar Gali, Kumrahar, P.S.-Agamkuan, District-Patna 3.
Satish Kumar Son-Late Anuj Chandra Yadav Resident of Naya Tola, Dabar Gali, Kumrahar, P.S.-Agamkuan, District-Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sameer Sawarn For the Opposite Party/s :
Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-10-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Agamkuan PS Case No. 85 of 2023, registered for the offences punishable under Sections 341, 323, 307, 448, 379 and 34 of the Indian Penal Code.
3. According to the FIR, on the alleged date and time of occurrence, all the petitioners having variously armed entered the house of informant and assaulted the father and mother of informant, as a result of which they sustained injuries on their head and other parts of body. It is further alleged that the
Patna High Court CR. MISC. No.46948 of 2023(3) dt.12-10-2023 2/2 accused persons also snatched gold ornaments from possession of the mother of informant and cash of Rs. 15,000/- from possession of the father of informant.
4. Learned counsel for the petitioners submits that petitioners have got clean antecedents and they have been falsely implicated in this case due to land dispute. Allegation as alleged in the FIR is false and fabricated and no such occurrence has ever taken place. The informant has also lodged two cases against petitioners and family members, one is Agamkuan PS Case No. 95 of 2020 and Agamkuan PS Case No. 654 of 2021.
5. Learned APP for the State and learned counsel for informant on the basis of materials available on record, on the other hand vehemently oppose the prayer for bail and submit that there is direct and specific allegation against petitioners and the injuries sustained by the injured are grievous in nature.
6. Considering the fact and circumstances of the case and nature of injury, I am not inclined to grant the privilege of anticipatory bail to the petitioners above-named. Accordingly, the same is rejected.
(Rajesh Kumar Verma, J) vinita/- U T