Sanjan Kumar @ Sajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58232 of 2019 Arising Out of PS. Case No.-104 Year-2019 Thana- CHACKMENSI District- Samastipur ====================================================== Sanjan Kumar @ Sajan Kumar, (Male), aged about - 41 years Son of Kailash Thakur, Resident of Village - Malinagar Bargama Tola, P.S. - Chakmehsi, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Ashraf Ansari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Chakmehsi P.S. Case No. 104 of 2019 registered for the offence punishable under Section 307/324/34/341/504/506 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner is that the petitioner fired upon the informant, which caused injury to the informant near his finger.

Mr. Ajay Kumar Thakur, learned counsel appearing for the petitioner submits that both the parties are co-villagers and there is land dispute between them since long. Learned counsel further submits that there is case and counter case inasmuch as the mother of the petitioner had lodged a case vide Chakmehsi P.S. Case No. 106 of 2019 for the offence which took place on the same day and time. Learned counsel further submits that the mother of the petitioner had also received

Patna High Court CR. MISC. No.58232 of 2019(3) dt.20-11-2019 2/2 injuries as would be evident from Annexure - 3 to the petition. Learned counsel referring to Annexure- 4, which is the injury report of the informant, submits that injuries to the informant have been found to be simple in nature.

Having regard to the submissions made by learned counsel for the parties and taking into consideration the fact that both the parties are co-villagers, there is land dispute between them and there is case and counter case in between the parties, I am inclined to grant the privilege of anticipatory bail to the petitioner.

Let the petitioner, Sanjan Kumar @ Sajan Kumar in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Samastipur in connection with Chakmehsi P.S. Case No. 104 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) praful/- U T