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Patna High CourtCR. MISC./62247/2024disposed

Sanjay Sharma @ Sanjay Mistri @ Karu v. The State Of Bihar

2024-09-25Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62247 of 2024 Arising Out of PS. Case No.-135 Year-2024 Thana- SURYAGARHA District- Lakhisarai ====================================================== Sanjay Sharma @ Sanjay Mistri @ Karu Son of Devanarayan Mistri Resident of village - Mano English, P.S.- Surajgarha, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate.

For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-09-2024 Heard Mr. Manoj Kumar, learned counsel appearing on behalf of the petitioner and Mr. Ram Bilash Roy Raman, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Surajgarha P.S. Case No. 135 of 2024 registered for the offence punishable under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., for non fulfilling the demand of Rs. 2 lacs, the accused persons including the petitioner assaulted the informant and snatched gold chain valued Rs. 1,10,000/- and cash of Rs.10,000/-.

4. Learned counsel appearing on behalf of the petitioner submitted that only one injury has been sustained by the informant and the doctor has opined the injury as grievous in

Patna High Court CR. MISC. No.62247 of 2024(2) dt.25-09-2024 2/2 nature. Learned counsel submitted that the injury cannot be said to be attributed to the petitioner considering the allegation made in the F.I.R. that all the accused persons including the petitioner had assaulted and only one injury has been found on the body of the informant.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, the fact that the the injury has been found to be grievous in nature by the doctor concerned and the District Court has found the injury supported by the CT Scan report and scalp injury has been found on the person of the informant, I am not inclined to enlarge the petitioner on prearrest bail.

7. The petitioner, if so advised, may surrender before the learned District Court and seek regular bail and the District Court is directed to consider the regular bail application of the petitioner on the same day by passing a reasoned order.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T