Sanjay Prasad @ Sanjay Pd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7657 of 2020 Arising Out of PS. Case No.-353 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== Sanjay Prasad @ Sanjay Pd. S/o Ram Prit Prasad R/o village- Kharhar, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-05-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner who is in custody since 22.11.2019 has filed the instant application for grant of regular bail in connection with Minapur P.S. Case no. 353 of 2019 registered under sections 302, 307, 341, 326 and 120B of the Indian Penal Code and section 27 of the Arms Act. As per allegation in the FIR, Manoj Prasad used to wrongly blame the family of Deep Narayan Prasad for his going to jail in the matter of illicit liquor and used to say that he would eliminate him.

It is stated that on the date of occurrence the accused persons came variously armed and Sunil Kumar is stated to have made indiscriminate firing as a result of which the uncle of the informant fell down and died while Raja Sharma and Shatrughna were injured and taken to SKMCH, Muzaffarpur for treatment.

Patna High Court CR. MISC. No.7657 of 2020(3) dt.29-05-2020 2/2 specific allegation against the petitioner and the allegation of firing is against one Sunil Kumar. It is further submitted that the petitioner has been falsely implicated in this case due to land dispute. He is in custody since 22.11.2019. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration that Sunil Kumar is stated to be the assailant as per the allegation in the FIR together with the petitioner being in custody since 22.11.2019, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Minapur P.S. Case no. 353 of 2019 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur.

(Partha Sarthy, J) Prakash/- U