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2025 DAILYLAW 85899 (PAT)

Sanjit Kumar v. The State of Bihar

CR. MISC./87593/2024 · 2025-02-27

Rajiv Roy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87593 of 2024 Arising Out of PS. Case No.-150 Year-2021 Thana- ARIYARI District- Sheikhpura ====================================================== Sanjit Kumar Son of Rudradev Singh Resident of Village- Kemra, P.S.- Ariyari, Distt.- Sheikhpura ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dinkar Kumar, Advocate For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 27-02-2025 Heard learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State. 2. The petitioner is in judicial custody in connection with Ariyari P.S. Case No. 150 of 2021 for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 379, 506 of the Indian Penal Code and 27 of the Arms Act lodged on 13.11.2021 by the informant, Deonandan Singh. 3. As per the prosecution story, the informant alleged that as soon as he reached near the house of Makeshwar Singh and Ram Sagar Singh, the named accused persons including the two petitioners herein surrounded and allegation against the petitioner herein is of using rod while the other accused gave knife blow causing injury on his hand and shoulder. Further allegation against other accused persons are also using 'khanti" and "lathi" which caused injuries upon him. Subsequently, he was taken to Ariyari Hospital and in unconscious condition Patna High Court CR. MISC. No.87593 of 2024(2) dt.27-02-2025 2/2 referred to Sheikhpura Sadar Hospital and from their to the Medical College for better treatment. 4. It is the case of the petitioner that the petitioner gave ‘khanti’ blow on the head of the injured and there is land dispute an there is delayed FIR. 4. Learned APP Mr. Jitendra Kumar Singh on the other hand submitting that there is delay in lodging of the FIR, the facts remains that the occurrence is of the year 2021, he leisurely preferred anticipatory bail in the year 2022 which came to be dismissed on 03.02.2023, still he chose his own time and only in the month of October, 2024, he came into judicial custody. 5. Considering the aforesaid facts as also that the there is direct allegation on the petitioner, despite rejecting his anticipatory in February, 2023, he chose to come into judicial custody only in October, 2024, the matter is of the year 2021, no relied can be granted. 6. The Cr. Misc. No. 87593 of 2024 stands rejected. Ravi/- (Rajiv Roy, J) U T