Bajrangi Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39031 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- JALE District- Darbhanga ====================================================== 1.

BAJRANGI KUMAR SAH S/o Sahdeo Sah R/o village- Bharwara, P.S.- Singhwara, District- Darbhanga 2.

NAVIN KUMAR S/o Parsanna Thakur R/o village- Ratanpur, P.S.- Kamtaul, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 of the Indian Penal Code and sections 25(1-B)(a), 26 and 27 of the Arms Act.

As per the prosecution case, four accused persons on two motorcycle made an attempt to commit loot on the petrol pump. In the occurrence one of them got injured and was arrested while three managed to escape. It is stated that the person caught at the place of occurrence was petitioner no.1. He disclosed that the accused on his motorcycle was petitioner

Patna High Court CR. MISC. No.39031 of 2021(3) dt.01-02-2022 2/3 no.2.

It is submitted by learned counsel for the petitioners that the petitioners have have been falsely implicated in the case. The occurrence has taken place in a manner other than what has been narrated in the F.I.R. The petitioners are in custody since 17.1.2021 and 12.2.2021 respectively. The petitioner no.2 has no criminal antecedent.

The application for bail is opposed by learned APP for the State who submits that not only the petitioner no.1 was caught at the place of occurrence but also has three cases pending against him.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner no.1 having three criminal antecedents and having been caught at the place of occurrence, the Court is no inclined to enlarge the petitioner no.1 on bail and his application is rejected.

Liberty is granted to the petitioner no.1 to renew his prayer for bail after six months.

In the facts and circumstances of the case, the Court directs the petitioner no. 2 to be enlarged on bail in connection with Jale P.S. Case no. 11 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.39031 of 2021(3) dt.01-02-2022 3/3 the satisfaction of the learned ACJM 1st , Darbhanga. (Partha Sarthy, J) Bibhash/- U