Sanjeev Kumar @ Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70399 of 2022 Arising Out of PS. Case No.-357 Year-2021 Thana- NADI P.S. District- Patna ====================================================== 1.
SANJEEV KUMAR @ SANJAY KUMAR SON OF GOPAL PRASAD R/O VILLAGE- JETHULI, P.S.- NADI, DISTRICT- PATNA 2.
DHIRAJ KUMAR SON OF GOPAL PRASAD R/O VILLAGE- JETHULI, P.S.- NADI, DISTRICT- PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jata Shankar Jha, Adv.
For the Opposite Party/s :
Mr.Narendra Kumar Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 354(b), 427, 504, 379 & 506 of the Indian Penal Code.
Allegedly, petitioners are said to have misbehaved with the informant's daughter and when they raised objection, these petitioners assaulted the informant's wife and her daughters by means of different deadly weapons, as a result of which they sustained injuries.
Patna High Court CR. MISC. No.70399 of 2022(2) dt.01-05-2023 2/3 It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. Petitioner and informant are own brothers. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. The present case is counter blast of Nadi P.S. Case No. 369 of 2021. There is no injury report on record. A civil suit is also going on between the parties, as mentioned in Para 12 of this bail application. Petitioners have five criminal antecedents as mentioned in para-3 of this application.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as there is land dispute between the parties and a civil suit is also going on between them, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Nadi P.S. Case No.
Patna High Court CR. MISC. No.70399 of 2022(2) dt.01-05-2023 3/3 357 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T