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Patna High CourtCR. MISC./2310/2023dismissed

Manjay Singh v. The State Of Bihar

2023-03-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2310 of 2023 Arising Out of PS. Case No.-141 Year-2020 Thana- SANDESH District- Bhojpur ====================================================== MANJAY SINGH Son of Ramjee Singh R/v- Surungapur, P.S.- Sandesh, District- Bhojpur at Ara (Bihar).

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Sandesh P.S. Case No.141 of 2020, registered for the offences punishable under Sections 147, 148, 149, 324, 325, 307, 302 and 120(B) of the Indian Penal Code as well as under Section 27 of the Arms Act.

As per allegation made in the FIR, the petitioner on being instigated by the other co-accused persons, opened fire from his licensed pistol which hit at left thigh of the informant causing bleeding injury. During the occurrence, the brother of the informant, namely, Sanjay Singh had died due to gun shot injury.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.2310 of 2023(2) dt.24-03-2023 2/2 petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got one criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that petitioner and informant are agnates and there is land dispute between the parties. The present case is counter blast of Sandesh P.S. Case No.140 of 2020, which was filed by the mother of the petitioner. It is further submitted that similarly situated other co-accused persons have been granted bail by different co-ordinate Benches of this Court. Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) S.KUMAR/- U T