Sanjay Sah @ Sanjay Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45459 of 2023 Arising Out of PS. Case No.-5 Year-2023 Thana- KARJAIN District- Supaul ====================================================== SANJAY SAH @ SANJAY KUMAR SAH S/O DEVNARAYAN SAH R/O Village- Hariraha, PS. Karjain, Dist. Supaul ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-07-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with Karjain P.S. Case No.05 of 2023 corresponding to G.R. No.12/2023 dated 03.01.2023 registered for the offence/s punishable under Section/s 341, 307 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner has fair and clean antecedent and similarly situated co-accused persons namely Vijay Kumar, Dev Kumar Sardar and Pradip Kumar have been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No.34445 of 2023 and the petitioner is not named in the FIR and as per the allegation made in the FIR four persons riding on two motorcycles opened fire at the

Patna High Court CR. MISC. No.45459 of 2023(2) dt.27-07-2023 2/2 informant and the accused persons fired indiscriminately but in that firing no one sustained any injury and petitioner has been languishing in jail since 18.01.2023 and against him the investigation has been completed.

4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the completion of investigation against this petitioner and his fair and clean antecedent and also the facts that in the alleged firing no one sustained any injury as per above submission and the order impugned goes to show that in respect of involvement of the petitioner in the alleged crime the prosecution is mainly relying upon the confessional statement of accused person including the petitioner, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be released on bail in connection with Karjain P.S. Case No.05 of 2023 corresponding to G.R. No.12/2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) sangam/- U T