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Patna High CourtCR. MISC./65633/2019allowed

Sanjay Kumar Sinha v. The State Of Bihar

2019-11-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65633 of 2019 Arising Out of PS. Case No.-555 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.

SANJAY KUMAR SINHA Son of Umesh Kumar Sinha @ Ram Ayodhya Prasad.

2.

Shivam Sandeep Son of Sri Sanjay Kumar Sinha both Resident of MohallaLashkariganj, Kotha Toli, Sasaram, P.S.-Sasaram Nagar, District-Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Babu Nandan Prasad For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code.

Prosecution case as lodged by the informant is that on 02.07.2019 at about 7.30am he had gone to Babhangawan (Kahiri) for visiting his land. The petitioners came there and assaulted him by means of iron rod, causing injury over his both hands, leg and on back and started to flee away otherwise he would be killed. The informant also sustained injury over his head.

Learned counsel for the petitioners submits that a

Patna High Court CR. MISC. No.65633 of 2019(2) dt.14-11-2019 2/2 counter case was lodged by the petitioner no. 1 before Sasaram (Darigaon) P.S. Case No. 556 of 2019 dated 02.07.2019 under Section 341, 323, 307, 504, 506/34 of the I.P.C. against the informant and other persons. He submits that the petitioner no. 1 is own brother of the informant and petitioner no. 2 is the son of the petitioner no. 2. He submits that there is land dispute between the parties. He further submits that the injuries are found to be simple in nature which shows from the injury report at Annexure-3.

In the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Rohtas at Sasaram in connection with Sasaram (Darigaon) Police Station Case No. 555 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) devendra/- U T