Sashikant @Sunny v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41452 of 2024 Arising Out of PS. Case No.-3 Year-2024 Thana- KAKO District- Jehanabad ====================================================== Sashikant @Sunny S/O Ramraj Sharma R/O Village- Nandna, P.S- Ghosi, District- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sameer Sawarn, Adv.
For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Kako P.S Case No. 03 of 2024 dated 05.01.2024 registered for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, it is alleged that on 04.01.2024 the informant along with her daughter was returning on a scooty after attending Civil Court Jehanabad in regard to a land dispute case, when she reached near Kadarua over bridge, three named accused persons armed with pistol in their hands boarded on a motorcycle took over her scooty and stopped her.
Patna High Court CR. MISC. No.41452 of 2024(2) dt.18-07-2024 2/3 It is further alleged that all three accused persons have assaulted the informant and her daughter, in the meantime the co-accused Gaurav Kumar fired bullet on the informant's daughter and she died on the spot, when she raised alarm for help, one Uday Prasad came to help her then accused Sumit Kumar fired bullet on Uday Prasad and he got seriously injured. It is further alleged that on two motorcycles and a Scorpio, 10-11 named accused persons including the petitioner came there and they shot on the informant. It is further alleged that the main cause of the murder is the marriage and illicit relationship of the informant's son-inlaw, Gaurav Kumar with another girl.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has surfaced during the course of investigation. The petitioner is the holder of SIM No. 7301258985 and tower location of the said mobile number was found near the place of occurrence. The charge-sheet was submitted under Section 341, 342, 323, 304, 302 and 120B of the I.P.C. and 24 of the Arms Act against the petitioner and the co-accused persons. The petitioner has antecedent of one criminal case as stated in para 3 of the bail petition. The petitioner is in custody since
Patna High Court CR. MISC. No.41452 of 2024(2) dt.18-07-2024 3/3 23.03.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner abovenamed on bail.
7. Learned trial court is directed to expedite the trial and conclude the same at the earliest.
8. The application stands rejected.
(Chandra Prakash Singh, J) shivam/- U