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Patna High CourtCR. MISC./24702/2023allowed

Dhananjay Kumar @ Ranjay Kumar v. The State Of Bihar

2023-07-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24702 of 2023 Arising Out of PS. Case No.-294 Year-2022 Thana- PATRAKARNAGAR District- Patna ====================================================== Dhananjay Kumar @ Ranjay Kumar Son Of Late Ramesh Singh @ Ramesh Prasad Sharma R/O Village- Nima, P.S.- Dhanarua, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Thakur, Adv.

Mrs. Vaishnavi Singh, Adv.

For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 302/34, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, when the uncle of the informant namely, Shambhu Kumar and Gautam Kumar were returning from the office to their residence by bike, co-accused Sanjay Singh and Ranjan Kumar came there and started indiscriminate firing upon them. Gautam Kumar received gun shot injury in his ear and he died on spot. Shambhu Kumar received injury on his both cheeks and he also died on the way to hospital.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The

Patna High Court CR. MISC. No.24702 of 2023(4) dt.26-07-2023 2/2 alleged occurrence took place on 31.5.2022 at 6.35 p.m. but at the alleged time, petitioner was in judicial custody in connection with Tatisilwa PS Case No. 39 of 2022 and he was granted bail on 31.5.2022 and after furnishing bail bond, he was released from custody on 1.6.2022, the same fact is mentioned in para 17 of the petition. Due to existing land dispute between the families, the name of the petitioner has been dragged in the present case. Petitioner is languishing 21.06.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-XI, Patna in connection with Patrakar Nagar PS Case No. 294 of 2022.

(Sunil Kumar Panwar, J) sushma/- U