Sanjiv Kumar @ Sanjiv Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59366 of 2019 Arising Out of PS. Case No.-169 Year-2019 Thana- HALSI District- Lakhisarai ====================================================== 1.

SANJIV KUMAR @ SANJIV SINGH Son of Rajendra Singh Resident of Village - Mahsoni, P.S.- Halsi, District - Lakhisarai. 2.

Bambam Kumar @ Bambam Singh Son of Vijay Singh Resident of Village - Mahsoni, P.S.- Halsi, District - Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sidhendra Narayan Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-11-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code, registered in connection with Halsi P.S.Case No. 169 of 2019.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of admitted land dispute and there is case and counter case between the parties. The accusations of assault are general and omnibus in nature without any specific assault attributed individually. It is submitted that the injury on the head, being vital part of the body, is simple in nature while

Patna High Court CR. MISC. No.59366 of 2019(3) dt.20-11-2019 2/3 opinion has been kept reserved in respect of other injuries sustained by the informant. The petitioner claims clean antecedents.

4. Be that as it may, in the event of petitioner's arrest or surrender within four weeks hereof, let the above named petitioners be released on provisional bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of learned C.J.M. Lakhisarai in connection with Halsi P.S.Case No. 169 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their

Patna High Court CR. MISC. No.59366 of 2019(3) dt.20-11-2019 3/3 bail bonds shall be liable to be cancelled by the learned Court concerned.

5. The provisional bail granted to the petitioners shall be confirmed by the learned court below upon verification within a further period of four weeks after furnishing bail bonds, that no grievous injury has been sustained by the informant, conversely, their bonds shall stand automatically cancelled. (Vikash Jain, J) HR/- U T