Sanjeev Kumar @ Sanjeev Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66668 of 2023 Arising Out of PS. Case No.-278 Year-2022 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Sanjeev Kumar @ Sanjeev Kumar Rai Son Of Kamal Rai Village- Tara Dhamaun, Police Station- Shahpurpatory, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.

It is alleged against the petitioner that on order of co-accused Damodar Rai, this petitioner assaulted the informant by sword on his head.

Patna High Court CR. MISC. No.66668 of 2023(2) dt.11-10-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Both sides are agnates and the present case has been lodged in the background of some land dispute between the parties. At earlier point of time, the father of the petitioner has lodged a case against the informant and others. Hence, as a retaliatory measure, this false case has been lodged against the petitioner. The petitioner is languishing in custody since 14.08.2023.

In contra, learned counsel appearing on behalf of the informant and learned A.P.P appearing on behalf of the State have vehemently opposed the prayer for bail of the petitioner and submitted that informant has received grievous injuries.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.66668 of 2023(2) dt.11-10-2023 3/3 each to the satisfaction of learned Judicial Magistrate, 1st Class, Samastipur in connection with Shahpur Patory P.S. Case No. 278 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T