Saurav Lala @ Saurav Sanskar @ Saurav Sansar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40076 of 2022 Arising Out of PS. Case No.-77 Year-2022 Thana- GANDHIMAIDAN District- Patna ====================================================== KARAN VERMA @ SHIVAM KUMAR VERMA S/O SRI SHASHI SHEKHAR KANTH @ SHASHI SHEKHAR KARAN Resident of Mithila Colony, P.S.- Digha, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 40896 of 2022 Arising Out of PS. Case No.-77 Year-2022 Thana- GANDHIMAIDAN District- Patna ====================================================== SAURAV LALA @ SAURAV SANSKAR @ SAURAV SANSAR Son of Sanjay Verma R/o Naya Bazar Ward No.- 9, P.S. and Dist.- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 40076 of 2022) For the Petitioner/s :
Mr.Pramod Mishra For the Opposite Party/s :
Mr.Nawal Kishore Prasad (In CRIMINAL MISCELLANEOUS No. 40896 of 2022) For the Petitioner/s :
Mr.Ram Jiban Pd. Singh For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for bail in a case registered for the offence punishable under sections 307, 324/34 of the Indian Penal Code and section 27 of the Arms Act. As per allegation in the FIR, informant has given Rs.
Patna High Court CR. MISC. No.40076 of 2022(3) dt.09-01-2023 2/3 Four lac to petitioner Karan Verma on the pretext of providing job to his wife in Bihar Police. When the petitioner Karan Verma failed to provide job to the informant's wife, informant and his husband started to demand their money back. then informant demanded. It is further alleged that both the petitioners came to Kargil Chowk where informant's husband was waiting for passenger of his E-rickshaw, and Karan Verma shot him and ran away. He informed to his wife in injured condition and patrolling party brought him to PMCH where his fardbeyan was recorded.
It is submitted by learned counsel for the petitioners that Petitioners have been falsely implicated in this case due to previous enmity. They are innocent. No one is eye witness of the present case. Petitioner Karan Verma is languishing in judicial custody since 25.02.2022 and petitioner Saurav Lala is languishing in judicial custody since 19.02.2022 The application for bail is opposed by learned APP for the State and learned counsel for the informant and they submitted that there is direct allegation of firing is against petitioner Karan Verma due to which informant's husband received injury on chest which is a vital organ. One blank cartridge was recovered from the place of occurrence and as per injury report, doctor has found a dense metalic foreign body
Patna High Court CR. MISC. No.40076 of 2022(3) dt.09-01-2023 3/3 noted in soft tissue of right lower chest.
Having heard learned counsel for the parties and considering the fact that general and omnibus allegation is levelled against the petitioner Saurabh Lala (Cr. Misc. No. 40896 of 2022), this court is inclined to enlarge him on bail. The petitioner, namely, Saurabh Lala is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM-XIV, Patna in connection with Gandhi Maidan P.S. Case No. 77 of 2022.
Cr. Misc. No. 40076 of 2022 So far as petitioner Karan Verma is concerned, there is direct allegation of firing against him, during investigation sufficient material has come to implicate him in the present case and considering the nature of allegation, this court is not inclined to enlarge him on bail and, as such, his prayer for bail stands rejected.
The trial court is directed to expedite and conclude the trial.
(Sunil Kumar Panwar, J) sushma/- U