Patna High CourtCR. MISC./45754/2017dismissed

Sanjay Kumar v. The State Of Bihar

2017-10-17Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.45754 of 2017 (3) dt.17-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45754 of 2017 Arising Out of PS.Case No. -78 Year- 2017 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Sanjay Kumar Son of Late Kesar Prasad, R/o Village- Noorsarai, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2017 The petitioner seeks regular bail in connection with Noorsarai P.S. Case No. 78 of 2017, registered for offences punishable under Sections 147, 148, 149, 302 of Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner and others is of firing on the informant and his wife, due to which wife of the informant died.

It has been submitted on behalf of the petitioner that out and out false and fabricated allegation has been made and the prosecution story does not appear to be believable as how the informant and others came on the roof top and identified the petitioner and others in the dark night, where no source of light was present. Further a partition suit is going on between the

Patna High Court Cr.Misc. No.45754 of 2017 (3) dt.17-10-2017 parties and apart from that there are other cases also going on between the parties. Further petitioner has been in judicial custody since 15.05.2017.

Learned counsel for the State as well as learned counsel for the informant opposed the prayer for bail and submitted that the petitioner is main assailant in this case. Having heard both sides, considering the fact and circumstances of the case and nature of allegation, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

(Vinod Kumar Sinha, J) sunil/- U T