Sanjeet Kumar @ Sanjeet Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6684 of 2024 Arising Out of PS. Case No.-291 Year-2023 Thana- CHANDAUTI District- Gaya ====================================================== 1.
Sanjeet Kumar @ Sanjeet Sao S/o Shiv Charan Sao R/o Village - Balam, P.S.- Chandauti,District- Gaya, Bihar 2.
Indu Kumari @ Indu Devi W/o Sanjeet Kumar R/o Village - Balam, P.S.- Chandauti,District- Gaya, Bihar 3.
Ajeet Kumar@ Ajit S/o Shiv Charan Sao R/o Village - Balam, P.S.- Chandauti,District- Gaya, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Yadav For the Opposite Party/s :
Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-02-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Chandauti Police Station Case No. 291 of 2023, dated 11.05.2023, disclosing offences punishable under Sections 341/323/308/379/354-B/427/504/506/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 10.05.2023, when the husband of the informant had gone to attend nature's call, the petitioners, along with other co-accused persons, assaulted him by means of
Patna High Court CR. MISC. No.6684 of 2024(2) dt.20-02-2024 2/3 garasa, knife, gun, rod etc., due to which he received head injury and when the informant intervened in the matter, the petitioner no. 1 pulled her clothes and tried to outrage her modesty.
4. Learned Counsel for the petitioners submits that both the parties are agnates, having previous land dispute, which would be evident from the First Information Report itself. He further submits that the allegation against the accused persons is omnibus in nature and from perusal of the injury report, annexed at Annexure P/2, it would appear that injury no. 1 is simple in nature and injury no. 2 has been opined as grievous, but the same is on the hand of the victim, which is non-vital part of the body.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are agnates, there is previous land dispute between them and injury caused to the victim is simple in nature, except one injury, which is on the non-vital part of the body, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
Patna High Court CR. MISC. No.6684 of 2024(2) dt.20-02-2024 3/3 arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 6th Additional Chief Judicial Magistrate, Gaya, in connection with Chandauti Police Station Case No. 291 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √