Sanjay Thakur @ Sanjay Kumar v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr. Hemant Kumar Mr. Mithlesh Kumar Khare 2 18-08-2022 Heard learned counsel for the parties. The petitioner apprehends his arrest in connection with University P.S. Case No.15 of 2017, registered for the offences punishable under Sections 147, 149, 323, 342, 325, 307, 379, 504 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner is said to have pointed pistol on the head of the informant and co-accused, Harendra assaulted him by means of iron rod on his head. Other co-accused persons also assaulted the informant by means of different weapons. It is also alleged that the petitioner also made firing from his pistol. The accused persons took away Rs.1500/- from the pocket of the informant and one chain made of gold. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case and he has got no criminal antecedent as stated in Patna High Court CR. MISC. No.17657 of 2022(2) dt.18-08-2022 paragraph-3 of the bail application. It is further submitted that there is case and counter case between the parties. It is submitted that similarly situated co-accused persons have already been granted bail by the learned court below itself. Learned counsel for the petitioner submits that the occurrence took place on

14.08.2017 and FIR was lodged on 06.09.2017, after delay of more than 20 days without giving any explanation. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner. Taking into consideration the fact that the FIR was lodged after delay of more than 20 days, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with University P.S. Case No.15 of 2017, subject to the conditions laid down under Sections 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) Sanjay/- U T