Sanoj Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73820 of 2024 Arising Out of PS. Case No.-143 Year-2023 Thana- CHANAN District- Lakhisarai ====================================================== Sanoj Das S/O Late Prayag Das Resident of Village- Itaun, P.S- Chanan, Distt.- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrendra Kumar, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-12-2024 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Chanan P.S. Case No.143 of 2023 under Sections 341, 323, 504, 506, 379, 307/34 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against nine named accused persons including the petitioner against whom there is allegation that the petitioner along with other accused persons have assaulted the informant, his brother and his wife due to which injury took place.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that both informant and petitioner's side are resident of same
Patna High Court CR. MISC. No.73820 of 2024(2) dt.05-12-2024 2/3 village and they are agnates. The cause of dispute has also been shown that due to throwing polythene on the barren land due to which scuffling took place from both sides and injury caused from both sides.
5. Learned Counsel further submits that there is a case and counter-case for the same date and place of occurrence. He further submits that two cases have been lodged. One from the petitioner's side i.e., Chanan P.S. Case No.142 of 2023 and another from the informant's side (present case) i.e.,Chanan P.S. Case No.143 of 2023.
6. Learned Counsel further submits that at the time of consideration of anticipatory bail of the petitioner, Sessions Judge has disposed off his anticipatory bail application with direction to appear within a fortnight in the lower court and pray for regular bail by raising all points before the court below who will pass order in accordance with law without being prejudiced by the said order.
7. Learned Counsel also submits that antecedent of the petitioner is clean.
8. Learned APP for the State opposes the prayer for bail and submits that from the pleadings, it transpires that there is a case and counter-case and dispute has arisen only for petty
Patna High Court CR. MISC. No.73820 of 2024(2) dt.05-12-2024 3/3 issue.
9. In the present facts and circumstances, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Chanan P.S. Case No.143 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J.) Prakashmani/- U T