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Patna High CourtCR. MISC./14054/2022allowed

Sanjay Rai @ Sanjay Kumar v. The State Of Bihar

2022-11-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14054 of 2022 Arising Out of PS. Case No.-538 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== SANJAY RAI @ SANJAY KUMAR Son of Late Rambachhan Rai Resident of Village - Bajitpur Saidat, P.S. - Bidupur, District - Vaishali at Hajipur. ... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Navjot Yeshu For the Opposite Party/s :

Mr. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2022 Learned counsel for the petitioner has filed a supplementary affidavit today in the court. Let it be kept on the record.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 307 and 349 of the Indian Penal Code and Section 27 of the Arms Act. Petitioner along with other co-accused is said to have done indiscriminate firing due to which informant's son got injured.

Patna High Court CR. MISC. No.14054 of 2022(2) dt.03-11-2022 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He further submits that there is specific allegation against the co-accused Dhananjay Rai who have fired upon the injured person. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bidupur P.S. Case No. 538 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T