Sunil Chandrabanshi @ Sunil Sadhu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12932 of 2024 Arising Out of PS. Case No.-246 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== Sunil Chandrabanshi @ Sunil Sadhu, aged about 50 years, Son Of Nageshwar Chandravanshi R/O Village- Munshi Bigha, P.S.- Aurangabad Muffasil, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Aurangabad Muffasil P.S. Case No. 246 of 2022 registered for an offence punishable under Sections 147, 302 and 120(B) of the IPC and Section 27 of the Arms Act.

3. As per prosecution case, when the informant with his father went to their land, in the meantime, the petitioner along with co-accused persons started indiscriminate firing upon the informant and his father due to which, the informant's father died on the spot.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next

Patna High Court CR. MISC. No.12932 of 2024(2) dt.29-02-2024 2/2 submits that there is general and omnibus allegation against the petitioner and at the time of occurrence, the petitioner was not present at the time of occurrence. He next submits that similarly situated co-accused person has already been granted bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 48777 of 2023, the petitioner has got clean antecedent and he is in custody since 11.10.2023.

5. Learned APP for the State opposes the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances and also the fact that similarly situated co-accused person has already been granted bail by a Co-ordinate Bench of this Court, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad in connection with Aurangabad Muffasil P.S. Case no. 246 of 2022.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T