Sanjay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59503 of 2019 Arising Out of PS. Case No.-118 Year-2019 Thana- HARNAUT District- Nalanda ====================================================== Sanjay Ram male (Aged about 44 years), Son of Sudip Ram, Resident of Village- Gosai Bigha, Police Station- Harnaut, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Harnaut (Chero) P.S. Case No. 118 of 2019 registered under sections 341, 323, 308, 504, 379, 34 of the I.P.C. The allegation against the petitioner, is that the petitioner along with other accused persons assaulted the informant and her daughter by means of lathi. Learned counsel appearing for the petitioner submits that both the parties are neighbours and there is a case and counter case inasmuch as Harnaut P.S. Case No. 117 of 2019 has been lodged by Bhabhi of the petitioner against the informant and others. Learned counsel further submits that the injury caused to the informant and others are not serious in nature and

Patna High Court CR. MISC. No.59503 of 2019(3) dt.24-09-2019 2/2 one of the injuries has been found to be simple in nature and the injury caused with regard to other persons, doctor has reserved his opinion. Learned counsel further submits that there is previous enmity between the parties and the case lodged by the side of the petitioner is prior to the case lodged against the petitioner.

Having regard the submission made by the parties and taking into consideration the fact that both the parties are neighbours and there is a case and counter case between the parties, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Harnaut (Chero) P.S. Case No. 118 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Sinha, J) Anjula/- U