Sanjai Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79028 of 2024 Arising Out of PS. Case No.-235 Year-2022 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Sanjai Alam Son of Lalmihammad Miya @ Lal Mohammad Miyan Resident of Village - Balha, Rajapatti, P.S. -Baikunthpur, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-12-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Baikunthpur PS case no. 235 of 2022, disclosing offences punishable under Sections 307, 379 and other allied sections of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that due to land dispute, the petitioner assaulted the brother of the informant with farsa on his head. 4.

Learned Counsel for the petitioner submits that the informant is the next door neighbour and co-sharer of the petitioner. There is long-standing land dispute between them. Learned counsel further submits that a counter case has been lodged by the side of the petitioner bearing Baikunthpur PS

Patna High Court CR. MISC. No.79028 of 2024(2) dt.05-12-2024 2/2 Case No. 236 of 2022. Referring to Annexure-2, learned counsel submits that injury caused to the informant is simple in nature. 5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that both parties are neighbours and co-sharers having land dispute and injury caused to the informant is simple in nature, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Baikunthpur PS case no. 235 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T