Sanjeet Kumar @ Satyendra Kumar Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

Sanjeet Kumar @ Satyendra Kumar Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest or surrender before the court below within four weeks, release on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class, Danapur, Patna, in connection with Shahpur Police Station Case No. 382 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, Sanjeet Kumar @ Satyendra Kumar, in connection with Shahpur Police Station Case No. 382 of 2023, in which he is alleged to have committed offences under Sections 341/323/324/307/354/504/506/379/34 IPC (charge-sheet ultimately under Section 354 and allied bailable sections).

Court's answer

Having regard to the submissions of the parties, and taking into consideration that the police did not submit the charge-sheet under Sections 307 and 379 against the petitioner and others, and that some of the accused persons had already been granted anticipatory bail by a Co-ordinate Bench of this Court, the court was inclined to grant the petitioner the privilege of anticipatory bail.

Ratio / Principle

The anticipatory bail application is allowed and the petitioner is granted the privilege of anticipatory bail.

Key takeaways

In the event of arrest or surrender before the court below within four weeks, the petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class, Danapur, Patna, in connection with Shahpur Police Station Case No. 382 of 2023, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.ratio¶22

Detailed headnote1 paragraphs

Patna High Court (Anil Kumar Sinha, J), oral order dated 22-02-2024, allowed Criminal Miscellaneous No.7217 of 2024 seeking anticipatory bail for Sanjeet Kumar @ Satyendra Kumar in connection with Shahpur Police Station Case No. 382 of 2023 (dated 03.06.2023), initially registered for offences under Sections 341/323/324/307/354/504/506/379/34 IPC. The court granted anticipatory bail taking into consideration that, after investigation, the police did not find the allegations under Sections 307 and 379 true and submitted the charge-sheet under Section 354 and allied bailable sections, and that some accused persons had already been granted anticipatory bail by a Co-ordinate Bench of the same Court in Criminal Miscellaneous No. 80301 of 2023. The petitioner is directed to surrender/be produced before the court below within four weeks and, on arrest or surrender, to be released on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Danapur, Patna, subject to the conditions under Section 438(2) CrPC. Background: a counter case, Shahpur Police Station Case No. 383 of 2023, has been lodged by the petitioner's mother against the informant and others.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7217 of 2024

Arising Out of PS. Case No.-382 Year-2023 Thana- SAHPUR District- Patna

======================================================

SANJEET KUMAR @ SATYENDRA KUMAR S/O- LALA RAI R/OVILLAGE- CHANDMARI, P.S.- SHAHPUR, DIST.- PATNA

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Manoranjan Kumar For the Opposite Party/s : Mr. Rajendra Prasad Nat

======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 22-02-2024 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Shahpur Police Station Case No. 382 of 2023, dated 03.06.2023, disclosing offences under Sections 341/323/324/307/354/504/506/379/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that on 03.06.2023, at 07:30 PM, the informant parked his motorcycle and went to his house, in the meanwhile, the neighbours of the informant, who are FIR named accused persons, came there and dashed the motorcycle of the informant. Upon reason being asked by the informant for the same, the co-accused Ajit Kumar and

Patna High Court CR. MISC. No.7217 of 2024(2) dt.22-02-2024 2/3

other FIR named accused persons assaulted the informant by means of iron rod on his head due to which he sustained injury. It has further been stated that the petitioner torn the cloths of the informant’s wife.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to dispute between the neighbours. He further submits that the police, after investigation, did not find allegation against the petitioners under Sections 307 and 379 as true and the charge-sheet has been submitted under Section 354 and allied bailable sections. He next submits that counter case, bearing Shahpur Police Station Case No. 383 of 2023, has also been lodged by the mother of the petitioner against the informant and others. He next submits that some of the accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court in Criminal Miscellaneous No. 80301 of 2023.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the police has not submitted chargesheet under Section 307 and 379 against the petitioner and others and some of the accused persons have been granted anticipatory bail by a

Patna High Court CR. MISC. No.7217 of 2024(2) dt.22-02-2024 3/3

Co-ordinate Bench of this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four 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 Judicial Magistrate 1^st Class, Danapur, Patna, in connection with Shahpur Police Station Case No. 382 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J)

ashwani/-

U T