Patna High CourtCR. MISC./52469/2023bail granted

Sanjay Kumar v. The State Of Bihar

2023-08-19Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52469 of 2023 Arising Out of PS. Case No.-265 Year-2023 Thana- MALSALAMI District- Patna ====================================================== SANJAY KUMAR S/o Uday Prasad R/S-Katra Bazar, P.S.-Malsalami, Dist.- Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishal Prasad, Advocate.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-08-2023 Heard Mr. Vishal Prasad, learned counsel appearing on behalf of the petitioner and Mr. Tarun Prasad Mandal, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Malsalami P.S. Case No. 265 of 2023 registered for the offence punishable under Sections 341, 323, 307, 447, 448, 504 and 506/34 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., petitioner and the informant having their own gang in course of supremacy indulged in fierce fight and both sides sustained injury.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the present case. General and omnibus allegation has been levelled against the petitioner. No injury has been alleged in the F.I.R. to have been caused to

Patna High Court CR. MISC. No.52469 of 2023(2) dt.19-08-2023 2/2 anyone rather the mother of the petitioner has sustained grievous injury.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the nature of allegation made in the F.I.R. as well as the fact that the petitioner and the informant are not in good terms and have indulged in fierce fight and both sides sustained injury during the said course, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IV, Patna City in connection with Malsalami P.S. Case No. 265 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T