Sanjay Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68853 of 2024 Arising Out of PS. Case No.-191 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== Sanjay Das Son of Late Sashinath Das Resident of Mohalla- Harijan Tola, Sabour, P.S.- Sabour, District - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indeshwari Prasad Mandal, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sabour P.S. Case No.191 of 2023 instituted for the offence under Sections 448, 341, 323, 147, 148, 307, 324, 325, 504 and 506 of the Indian Penal Code.
3. The case of the prosecution is that the petitioner along with three others assaulted Rakesh Kumar with iron rod and hasua. From the perusal of the order of the trial court, it is clear that informant's son Rakesh Kumar has received one cut injury on the right side of his forehead measuring 3"x2"x1".
Patna High Court CR. MISC. No.68853 of 2024(2) dt.18-10-2024 2/3
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The nature of the allegation is general and omnibus. It is further submitted by the learned counsel for the petitioner that the petitioner is handicap regarding which he has filed a certificate of Civil Surgeon which goes to show that the petitioner is disable to the tune of 52 per cent. The petitioner is having no criminal antecedent.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sabour P.S. Case No.191 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bhagalpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.68853 of 2024(2) dt.18-10-2024 3/3
7. Accordingly, the present bail application stands allowed.
(Ashok Kumar Pandey, J) durgesh/- U T