Rajesh Kumar @ Rajesh Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 23912 of 2022 Arising Out of PS. Case No.-210 Year-2020 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Rajesh Kumar @ RAJESH KUMAR SAH Son of Late Etvari Sah Resident of Village - Hasanganj, P.S. Mojahidpur (Bahargan), District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad, Adv.

For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kotwali (Tikamanjhi) (Jogsar) P.S. Case No. 210 of 2020 lodged under Sections 341, 323, 307, 364, 328/34 of the I.P.C. and 27 of Arms Act.

As per the prosecution case, the informant has disclosed that on the said date and place of occurrence, he was going to his relative by auto but in the meantime, the 4 named accused persons including the petitioner kidnapped him and made him unconscious. When the informant regained his conscious, he saw that the petitioner fired on him. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 09.01.2022 having one criminal case pending against him, in which he is on bail

Patna High Court CR. MISC. No. 23912 of 2022(3) dt.03-11-2022 2/2 and charge has already been framed in this case. Learned counsel for the State opposes the prayer for bail and submits that there is specific and direct allegation of gunshot fire on the petitioner and luckily the informant saved. Learned counsel for the informant submits that compromise took place between the parties and bail may be granted, he has no objection for the same.

In the present facts and circumstances of this case and the submissions made above, seeing the allegation against the petitioner, I am not inclined to grant bail to the petitioner at present. Liberty is hereby granted to the petitioner that he may renew his prayer for bail 2 months after framing of charge in this case.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) ashishsingh/- U T