Sanjay Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40609 of 2023 Arising Out of PS. Case No.-15 Year-2021 Thana- BAKHTIYARPUR District- Patna ====================================================== Sanjay Prasad Son Of Late Nand Kesi Mahto Kewal Bigha Ghangh, PsBakhtiyarpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Kashyap For the Opposite Party/s :
Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 504, 326, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.
It is alleged against the petitioner that at his instigation, his son co-accused Santu Kumar shot at the nephew of the informant, who sustained gunshot injuries.
Patna High Court CR. MISC. No.40609 of 2023(2) dt.14-07-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is land dispute between the parties from before. The specific accusation is against co-accused Santu Kumar not the petitioner who has been granted bail by a coordinate Bench of this Court vide order dated 16.05.2022 passed in Cr. Misc. No. 49697 of 2021. The petitioner is languishing in custody since 28.01.2023.
Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-V, Barh, Patna in connection with Sessions Trial No. 628 of 2021, arising out of Bakhtiyarpur P.S. Case
Patna High Court CR. MISC. No.40609 of 2023(2) dt.14-07-2023 3/3 No. 15 of 2021.
(Sunil Kumar Panwar, J) Shageer/- U T