Sanjay Safi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62141 of 2024 Arising Out of PS. Case No.-203 Year-2022 Thana- BHAIRAVSHTHAN DistrictMadhubani ====================================================== 1.

Sanjay Safi Son of Vasudev Safi R/O Vill.- Lohana Purvi Tol, Dhobiyahi, P.S. - Bhairavasthan, District - Madhubani 2.

Sukhdeo Safi Son of Late Makhan Safi R/O Vill.- Lohana Purvi Tol, Dhobiyahi, P.S. - Bhairavasthan, District - Madhubani 3.

Anil Safi @ Anil Kumar Safi Son of Late Mahendra Safi R/O Vill.- Lohana Purvi Tol, Dhobiyahi, P.S. - Bhairavasthan, District - Madhubani 4.

Chandan Safi Son of Late Mahendra Safi R/O Vill.- Lohana Purvi Tol, Dhobiyahi, P.S. - Bhairavasthan, District - Madhubani 5.

Sashi Safi @ Sachin Safi Son of Late Mahendra Safi R/O Vill.- Lohana Purvi Tol, Dhobiyahi, P.S. - Bhairavasthan, District - Madhubani 6.

Chandrakala Devi Wife of Late Mahendra Safi R/O Vill.- Lohana Purvi Tol, Dhobiyahi, P.S. - Bhairavasthan, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-12-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code. 3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on account of dispute relating to land, all the named

Patna High Court CR. MISC. No.62141 of 2024(3) dt.16-12-2024 2/3 accused persons including the petitioners came and removed the demarcated pillar of measurement from the land of the informant on 3-11-2022, accordingly on 25-11-2022, the informant went to ask the accused persons that as to why the pillars have been removed when it is alleged that Sanjay Safi assaulted the husband of the informant by lathi and danda causing injury near his eyes, thereafter son of informant was also assaulted by all the accused persons on account of which his four teeth got broken and wife of Sanjay Safi snatched jewellery from informant, while Sanjay and others also assaulted the father of the informant.

4.

Learned counsel for the petitioners submits that from perusal of allegation as alleged in the FIR, it would manifest that on account of dispute relating to land, the occurrence is alleged to have taken place. It is next submitted that both sides assaulted each other and the injury suffered by the injured is simple in nature, which amply demonstrates that petitioners never had intention of committing a serious occurrence.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners, but then fairly submits after perusing of the case diary that the injury suffered by the injured

Patna High Court CR. MISC. No.62141 of 2024(3) dt.16-12-2024 3/3 is simple in nature.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bhairavasthan P.S. Case No. 203 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U T