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Patna High CourtCR. MISC./34369/2023allowed

Sanjay Yadav @ Sanjay Kumar v. The State Of Bihar

2023-07-25Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34369 of 2023 Arising Out of PS. Case No.-142 Year-2019 Thana- PASRAHA District- Khagaria ====================================================== SANJAY YADAV @ SANJAY KUMAR Son of Late Ravindra Yadav Resident of village - Bandehra, P.S. - Pasraha, Distt. - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh, Adv.

For the Opposite Party/s :

Mr.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 307, 323, 325, 504, 506 of the IPC and 27 of the Arms Act.

3.

Allegedly, all the F.I.R. named accused persons including the petitioner are said to have opened fire indiscriminately, due to which the informant sustained fire arm injuries 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that after

Patna High Court CR. MISC. No.34369 of 2023(2) dt.25-07-2023 2/2 investigation, police submitted final form against the petitioner but the learned Court below differing with the final form, took cognizance against the petitioner and others. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Pasraha P.S. Case No.142/2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T