Sanny @ Md Sanny v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39463 of 2023 Arising Out of PS. Case No.-166 Year-2022 Thana- SULTANGANJ District- Patna ====================================================== SANNY @ MD SANNY S/O MOHAMMAD SHAHZAD R/O MohallaDargah Karbala, near Chhoti Maszid, PS. Sultanganj, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 324 and 302/34 of the Indian Penal Code as well as Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case.

4. The informant alleges that his cousin sister informed that a call came on the mobile of the deceased (brother of the informant) and he left and was followed by his cousin sister who saw Bhondu fired killing him.

5. Learned counsel for the petitioner submits that petitioner is not named in the FIR, the cousin sister of the informant Farida Khatoon in her subsequent statement has

Patna High Court CR. MISC. No.39463 of 2023(2) dt.17-07-2023 2/3 named the petitioner. It is further submitted that petitioner is not alleged to have fired. Learned counsel thus submits that if the petitioner was known to Farida Khatoon as she took his name in her subsequent statement but then he was not named in the FIR that creates a suspicion that as to whether he was present at the place of occurrence or not.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that from perusal of the order impugned it would manifest that the same records that the occurrence was captured in the CCTV which was installed in the house of Gulam Rasul where the occurrence is said to have been committed.

7. Learned counsel for the petitioner rebuts the submission of the learned A.P.P. and submits that the order impugned does not record that even petitioner was captured in the CCTV footage or he was seen actively participating in the occurrence.

8. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.39463 of 2023(2) dt.17-07-2023 3/3 (Rupees Ten 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 Sultanganj P.S. Case No. 166 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T