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Patna High Court - Orders

Sanjeev @ Sanjiv Kumar vs The State Of Bihar on 4 January, 2018

Author: Mohit Kumar Shah

Bench: Mohit Kumar Shah

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.62192 of 2017
                   Arising Out of PS.Case No. -181 Year- 2016 Thana -M AKHDUMPUR District- JEHANABAD
                 ======================================================
                 Sanjeev @ Sanjiv Kumar S/o Devendra Yadav @ Devendra Prasad, R/o
                 Village- Narayanpur, P.S.- Makdumpur, District- Jehanabad.

                                                                              .... ....   Petitioner/s
                                                       Versus
                 The State of Bihar

                                                              .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Surendra Kumar Mishra
                 For the Opposite Party/s  : Mr. Sanjay Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                 ORAL ORDER

2   04-01-2018

Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Makhdumpur (Tehta) PS case no. 181 of 2016 registered for the offences punishable under Sections 147, 148, 149, 379, 307, 504 and 506 of the Indian Penal Code.

The allegation is regarding the petitioner and 13 other persons having assaulted the informant and others, resulting in the informant side receiving grievous injury.

The learned counsel for the petitioner submits that there is general and omnibus allegation against all the accused persons and the present case has been lodged by the informant of the said case on account of one of the accused persons of the present case Patna High Court Cr.M isc. No.62192 of 2017 (2) dt.04-01-2018 2/2 having lodged a case against the informant of the present case, two days earlier, which is annexed as Annexure-2 to the petition. It is thus submitted that the present case is a case of case and counter case, and the case filed by the accused side is the first in time. It is further submitted that the petitioner has a clean antecedent.

Having regard to the facts and circumstances of the case, in the event of arrest or surrender within six weeks, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Jehanabad in connection with Makdumpur (Tehta) PS case no. 181 of 2016, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) BTiwary/-

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