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Patna High CourtCR. MISC./27790/2023allowed

Satyajeet Kumar @ Sonu Kumar v. The State Of Bihar

2023-10-03Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27790 of 2023 Arising Out of PS. Case No.-200 Year-2022 Thana- PARASBIGHA District- Jehanabad ====================================================== Satyajeet Kumar @ Sonu Kumar S/O Samu Prasad @ Shamu Prasad R/O Village- Badalu Bigha, Post- Nehalpur, P.S- Parasbigha, Distt.- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Kumar, Adv For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-10-2023 Heard learned counsel for the petitioner, and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.b

3. Allegation against the petitioner is that he and other co-accused persons surrounded the informant and his brother near the house of co-accused Dinesh Prasad and assaulted him by means of sword, lathi and danda. One coaccused Dinesh Prasad made firing on the temple of informant's brother.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.27790 of 2023(4) dt.03-10-2023 2/3 case. There is general and omnibus allegation against the petitioner and specific allegation of firing is against co-accused Dinesh Prasad, who fired upon the informant's brother. It appears from the FIR that petitioner is also assaulted by means of iron rod which is mentioned in para-23 of the case diary and witnesses have not named the petitioner. There is land dispute between the parties and both are agnates and persons from both the sides have sustained injuries. The petitioner has got clean antecedent.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts that specific allegation of firing is against co- accused Dinesh Prasad, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Parasbigha P.S. Case No. 200 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

N.K/- (Anjani Kumar Sharan, J)

Patna High Court CR. MISC. No.27790 of 2023(4) dt.03-10-2023 3/3 U T