Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36745 of 2022 Arising Out of PS. Case No.-157 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== Suraj Kumar Son of Budhu Sahani Resident of Village - Gaighat, Ujain Lohiyar, P.S.- Harsidhi, Distt- East Champaran At Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Harsidhi P.S. Case No. 157 of 2022 registered for the offence under Section 307 Indian Penal Code and Section 27 of the Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 15.04.2022.

Patna High Court CR. MISC. No.36745 of 2022(3) dt.22-09-2022 2/3 The allegation against the petitioner is to open fire upon the informant/injured, alongwith other co-accused persons, causing multiple fire arm injuries.

Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in this case, as land dispute is pending between the parties. It is also submitted that allegation of firing is very much general and omnibus against this petitioner, where nature of injuries were found simple. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as allegation of firing is very much general and omnibus against this petitioner, who is a man of clean antecedent coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Harsidhi P.S. Case No. 157 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

Patna High Court CR. MISC. No.36745 of 2022(3) dt.22-09-2022 3/3 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Ankit/- U T