Sanjan Kumar Singh @ Sanjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48224 of 2019 Arising Out of PS. Case No.-58 Year-2019 Thana- GAYA KOTWALI District- Gaya ====================================================== 1.

SANJAN KUMAR SINGH @ SANJAN SINGH Son of Nawal Kishor Singh Resident of Mohalla - Rang Bahadur Road, Ganga Mahal, Gaya, P.S.- Kotwali, District - Gaya. Permanent Resident of Village - Kanchanpur, P.S.- Belaganj, District - Gaya.

2.

Rohit Kumar Son of Jitendra Singh Resident of Mohalla - Rang Bahadur Road, Gaya Mahal, Gaya, P.S.- Kotwali, District - Gaya. Permanent Resident of Village - Pathraura, P.S.- Atri, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-08-2019 Heard learned Counsel for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 385, 504, 341, 323, 326 and 379/34 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report of Hitesh submitted before the Station House Officer, Kotwali Police Station is to the effect that on 06.02.2019 at about 11.30 A.M., while the informant was at his house, the petitioner and co-accused Rohit Kumar came and demanded Rupees Two Lac as extortion, but on protest being made, they

Patna High Court CR. MISC. No.48224 of 2019(2) dt.02-08-2019 2/3 abused the informant and assaulted with butt of the pistol. It is specifically alleged that the petitioner assaulted on the eye of the informant with butt of the pistol. The accused persons also alleged to have snatched Rs.40,000/- cash and a gold chain from the informant.

It is submitted by learned counsel for the petitioners that the accusation has been levelled in the background of dispute with regard to construction of the house as the petitioner no.1 supplied the bricks to the informant, but payments were due and due to non-payment of the same scuffle took place between them. Moreover, the injury of the informant apparently appears superficial in nature and the accusation of theft is cosmetic in nature.

It is submitted by learned APP for the State that the accusation is specific against the petitioner. considering the nature of accusation not being corroborated by the medical opinion, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, 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 CJM, Gaya, in connection with

Patna High Court CR. MISC. No.48224 of 2019(2) dt.02-08-2019 3/3 Gaya Kotwali P.S. Case No.58 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T