Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14502 of 2016 Arising Out of PS.Case No. -178 Year- 2015 Thana -DULHIN BAZAR District- PATNA ====================================================== Sanjeet Kumar, Son of Raju Yadav, Resident of village- Pansuhi, P.S.- Dulhin Bazar, District- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parashuram Singh, Advocate For the Opposite Party/s : Mr. Aditya Nr. Singh 1 (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-04-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Dulhin Bazar P.S. Case No. 178/15, for offences alleged under Sections 147, 148, 149, 341, 323, 325, 307 of the Indian Penal Code and under Section 27 of the Arms Act.

The prosecution case, as lodged by the informant, is that petitioner gave lathi blow to the brother of the informant on his head and when informant and his father came to rescue him they were also assaulted by other co-accused persons. It has been submitted by the learned counsel for the petitioner that he is innocent and being the villager he has falsely been implicated in the aforesaid case. He further submits that petitioner has no criminal antecedent and no case under Section 307 I.P.C. is made out against him, which has been added

Patna High Court Cr.Misc. No.14502 of 2016 (2) dt.27-04-2016 2/2 to make the offence serious, as there was only allegation of lathi blow by the petitioner. It has further been submitted that some of the co-accused have since been granted the privilege of anticipatory bail by the learned court below and there was dispute with regard to installment of Nad for the animals between both the informant and petitioner's side for which a counter case bearing Dulhin Bazar P.S. Case No. 179 of 2015 has been lodged by the petitioner's side wherein the petitioner's side also received injury. However, learned APP for the State submits that the petitioner is named in the First Information Report and has inflicted lathi blow, hence, opposed the prayer for bail.

Be that as it may, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Danapur, in connection with Dulhin Bazar P.S. Case No. 178/15, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J) Rajesh/- U T