Patna High CourtCR. MISC./17595/2021dismissed

Sajan Kumar @ Sajan Kumar Yadav @ Sajan Yadav v. The State Of Bihar

2022-01-07Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17595 of 2021 Arising Out of PS. Case No.-66 Year-2020 Thana- MADHEPUR District- Madhubani ====================================================== SAJAN KUMAR @ SAJAN KUMAR YADAV @ SAJAN YADAV S/o Late Ram Swaroop Yadav Resident of Village- Fokchaha, P.S.- Madhepur, DistrictMadhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate Ms. Kumari Shubham, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-01-2022 Heard Mr. Jitendra Kumar Bharti, learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Madhepur P.S. Case No. 66 of 2020 dated 22.04.2020 instituted for the offences under Sections 341, 326, 307, 504 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation against the petitioner is of having opened fire along with one Pankaj Yadav but the shot fired by Pankaj Yadav only hit the informant in his palm.

There is a counter version of the occurrence lodged by one Jiwachchi Devi.

Patna High Court CR. MISC. No.17595 of 2021(2) dt.07-01-2022 2/2 The petitioner is stated to be a person of clean antecedents.

Regard being had to the nature of accusation against the petitioner of having opened fire, which may not have hit anybody, I am not inclined to grant anticipatory bail to him.

Accordingly, his prayer for anticipatory bail is rejected.

However, if the petitioner surrenders before the court below and seeks bail, his application shall be considered on its own merits without being prejudiced by the fact that the present petition on his behalf has not been entertained. While disposing of the bail petition of the petitioner the court below shall take into account that Pankaj Yadav, whose shot actually hit the informant has been granted bail by the court below.

(Ashutosh Kumar, J) krishna/- U T