Sanjeev Kumar @ Sanju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27293 of 2023 Arising Out of PS. Case No.-9 Year-2022 Thana- DULHIN BAZAR District- Patna ====================================================== Sanjeev Kumar @ Sanju Son of Late Mahendra Singh Resident of village - Sabazpura, P.S. - Dulhin Bazar, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has prayed for bail in connection with Dulhin Bazar P.S. Case No. 09 of 2022 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner along with other coaccused persons is that they opened fired upon the chest of the informant's husband due to which he shot dead on the spot. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case due to dirty village politics. It is further submitted that before lodging the FIR, the inquest report has been prepared. The petitioner has no criminal antecedent and he is languishing in

Patna High Court CR. MISC. No.27293 of 2023(3) dt.22-08-2023 2/2 judicial custody since 20.09.2022.

Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail and submitted that the petitioner is named in FIR and there is direct and specific overt act against this petitioner who fired upon the chest of the informant's husband due to which he died on the spot. Further, the postmortem report of the deceased corroborates the prosecution case in which doctor opined that the cause of death is combined effect of traumatic asphyxia and haemorrhagic shock caused by Bullet injuries. It is further submitted during investigation the witnesses of this case supported the prosecution case.

Having heard the learned counsel for the parties and considering the fact that there is direct allegation against this petitioner, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. The trial Court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) lata/- U T