Sanjeev Kumar @ Sanjeev Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50824 of 2017 Arising Out of PS.Case No. -145 Year- 2017 Thana -NAUBATPUR District- PATNA ======================================================
1. Sanjeev Kumar @ Sanjeev Sharma, Son of Ranvijay Singh @ Ramvijay Singh, Resident of Village- Sirwanichak, P.S.- Bhagwanganj, DistrictPatna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Naubatpur P.S. Case No. 145 of 2017 instituted for the offence under Sections 341, 323 and 307/34 of the Indian Penal Code.
In the instant case, there is allegation that the informant was assaulted by the petitioner and Kabita Devi. It has been submitted on behalf of the petitioner that he has been falsely implicated in this case due to land dispute as well as the counter case lodged by Kabita Devi against the informant and others vide Naubatpur P.S. Case No. 146 of 2017. In the counter case, Kabita Devi and her daughter Mahak Kumari have sustained injuries which were annexed as Annexure-3 series to the petition.
Patna High Court Cr.Misc. No.50824 of 2017 (4) dt.04-01-2018 2/3 The injury report of the informant is available in the case diary. The police have mentioned about the injury sustained by the informant in paragraph-28 of the case diary, but the original copy of the case diary is not available. There has been free fight from both the side and both sustained injuries. There is case and counter case between the parties.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Naubatpur P.S. Case No. 145 of 2017 to the satisfaction of learned A.C.J.M.-II, Danapur, subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to
Patna High Court Cr.Misc. No.50824 of 2017 (4) dt.04-01-2018 3/3 move for cancellation of bail of the petitioner. (Sanjay Priya, J) ajay gupta/- U T