Sanjeet Sah @ Kamando @ Sanjiv Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.24242 of 2015 (3) dt.05-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24242 of 2015 Arising Out of PS.Case No. -27 Year- 2015 Thana -NAYA RAM NAGAR District- MUNGER ======================================================

1. Sanjeet Sah @ Kamando @ Sanjiv Sah Son of Nageshwar Sah resident of village Mahamda, P.S. Naya Ram Nagar, District Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Anil Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-10-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Naya Ram Nagar P.S. Case No. 27 of 2015 registered for the offences punishable under Sections 341, 324, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, when the informant was coming from Mahamda village, the petitioner and one unknown surrounded him and the petitioner fired which caused injury upon his chest. The motive behind the occurrence is that the informant used to oppose the foul play of the petitioner.

Submission is of false implication and that no offence under Section 307 of the Indian Penal Code is made out, the

Patna High Court Cr.Misc. No.24242 of 2015 (3) dt.05-10-2015 petitioner is suffering in custody since 10.02.2014 having no criminal antecedent and during investigation the witnesses examined have not stated anything against the petitioner. Learned APP opposes the prayer for bail of the petitioner by submitting that the petitioner has caused grievous injury by firearm on the chest of the informant which is evident from annexure-4 attached with this application. In the facts and circumstances stated above, considering that the petitioner was identified by the informant and he has caused firearm injury on the chest of the informant which has been found to be grievous in nature and further noticing that the trial is being delayed on the petition filed under Section 227 of the Cr.P.C. on behalf of the petitioner, this Court is not inclined to release the petitioner on bail, accordingly, his such prayer stands rejected.

(Jitendra Mohan Sharma, J) avin/- U T