Patna High CourtCR. MISC./22216/2024bail granted

Sanjay Kumar v. The State Of Bihar

2024-04-04Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22216 of 2024 Arising Out of PS. Case No.-366 Year-2023 Thana- NARDIGANJ District- Nawada ====================================================== Sanjay Kumar S/o Late Foudi Mahto @ Faudi Mahto @ Faudi Prasad R/o Vill - Hiraman Bigha, P.S. - Nardiganj, Dist. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K Agrawal, Sr. Advocate Mr. Saroj Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-04-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Nardiganj P.S. Case no.366 of 2023 registered under sections 307, 341, 323, 386 and 504 of the Indian Penal Code and sections 25(1-B)(a), 26 and 27 of the Arms Act.

3. As per the prosecution case, the informant states that over the issue of payment of rangadari, the petitioner threatened him and finally resorted to firing causing firearm injury to the informant.

4. Learned Senior counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The manner of occurrence is other than what has been narrated in the FIR. It is submitted in reference to Annexure-2 that both the

Patna High Court CR. MISC. No.22216 of 2024(2) dt.04-04-2024 2/2 petitioner as also the informant are in custody and the informant no longer wishes to pursue the case. The petitioner is in custody since 29.10.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, the submissions made on behalf of the petitioner, his having remained in custody for 5 months since 29.10.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Nardiganj P.S. Case no.366 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Nawada.

(Partha Sarthy, J) Shiv/- U T