Sanjay Prasad @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38676 of 2025 Arising Out of PS. Case No.-187 Year-2024 Thana- RAJEPUR District- East Champaran ====================================================== Sanjay Prasad @ Sanjay Kumar S/o- Late Sitaram Prasad Resident of Paigambarpur PS- Siwayipatti District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Usha Kumari, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Rajepur P.S. Case No. 187 of 2024 dated 18.09.2024, instituted for the offence punishable under Sections 109, 351(2), 3(5) of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act.

3. The allegation against the petitioner is of firing on the leg and head of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the FIR has been lodged after twelve days from the date of occurrence which itself shows that the prosecution story is false and fabricated. It is next submitted that there is no eye witness to the alleged occurrence to support

Patna High Court CR. MISC. No.38676 of 2025(2) dt.25-06-2025 2/2 the case of prosecution. Lastly, it has been submitted that petitioner has one criminal case against him.

5. Learned A.P.P. vehemently opposed the prayer for bail of the petitioner and submitted that there is a specific allegation against petitioner of firing on the head and leg of the informant which is corroborated by the injury report.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner is hereby rejected.

(Khatim Reza, J) Sankalp/- U T