Anshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4047 of 2021 Arising Out of PS. Case No.-102 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== ANSHU KUMAR son of Pramod Sah @ Pramod Chaudhary Resident of Village- Mahivir Asthan Sahebganj (Navanagar Nizamat) P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Md. Sufyan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-03-2021 Heard Mr. Nachiketa Jha, learned counsel for the petitioner and Md. Sufyan, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Sahebganj P.S. Case No. 102 of 2020 registered for the offences punishable under Sections 147, 341, 342, 323, 324, 307, 379 and 504 of the Indian Penal Code 1860.

The allegation as per the First Information Report is that the petitioner along with other co-accused persons arrived at the godown of the informant in order to loot the materials of Nal-Jal Yojana and when the nephew of the informant was going to bring ration, the accused persons assaulted him and coaccused Rakesh Sah assaulted on the head of the nephew of the

Patna High Court CR. MISC. No.4047 of 2021(2) dt.23-03-2021 2/3 informant namely, Ashique Parwez, by means of iron rod due to which he got serious injury.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village politics. The godown in question belongs to the informant and there was protest by the accused persons regarding execution of the work of Nal-Jal Yojana, due to which, the petitioner and other accused persons, eleven in numbers, have been implicated in this case. Learned counsel further submits that no overt act has been attributed to the petitioner and the allegation of assault upon the nephew of the informant, is on Rakesh Sah. The petitioner is in custody since 27.6.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that no overt act has been attributed to the petitioner and he is in custody since 27.6.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st (West), Muzaffarpur, in connection with Sahebganj P.S. Case

Patna High Court CR. MISC. No.4047 of 2021(2) dt.23-03-2021 3/3 No. 102 of 2020.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T