Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6565 of 2025 Arising Out of PS. Case No.-278 Year-2021 Thana- HARNAUT District- Nalanda ====================================================== Sanjay Singh S/O Late Sajivan Singh R/O Vill.- Tira, P.S.- Harnaut (Chero O.P.), Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rupesh Kumar, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-06-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. Earlier the anticipatory bail of the petitioner was rejected vide order dated 05.07.2024 passed in Cr. Misc. No. 25291 of 2024 (Annexure- P2).

3. The petitioner seeks bail in connection with Harnaut (Chero O.P.) P.S. Case No. 278 of 2021, instituted for the offences punishable under Section 147, 148, 149, 341, 323, 324, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act.

4. The prosecution case, in short, is that, the informant along with his brothers and uncle went to the house of coaccused, namely, Sanjit Kumar, where the petitioner along with

Patna High Court CR. MISC. No.6565 of 2025(5) dt.23-06-2025 2/3 other co-accused persons surrounded them and opened fire indiscriminately with a view to kill them. It is further alleged that informant's brother Gautam Kumar received gunshot injuries in his thigh and stomach and lathi injury on his head as a result of which he fell down unconsciously.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is general and omnibus in nature. No specific allegation has been made against the petitioner. There is case and counter case between the parties. It is further submitted that the on perusal of the injury report, it appears that there is no any fire-arm injury found on the body of the injured person and the injury received by him is simple in nature. The petitioner is in custody since 25.10.2024 and has got two criminal antecedents in which he is on bail.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody

Patna High Court CR. MISC. No.6565 of 2025(5) dt.23-06-2025 3/3 undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Harnaut (Chero O.P.) P.S. Case No. 278 of 2021.

(Rudra Prakash Mishra, J) Rajorshi/- U T