Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9486 of 2021 Arising Out of PS. Case No.-265 Year-2020 Thana- MAKHDUMPUR District- Jehanabad ====================================================== SANJAY KUMAR S/O Nageshwar Yadav R/o Village - Mishra Bigha, P.S. - Makhdumpur, District - Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Sewak Prasad For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341 & 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner in association of other accused is said to have resorted firing on the informant sustaining injury in his right leg, while he had gone to irrigate his field. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.9486 of 2021(2) dt.13-07-2021 2/2 that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case due to land dispute. He was not apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. It is further submitted that co-accused Ravi Kumar had fired and caused the injury to the informant on his right leg. The petitioner is alleged to be a member of mob and no specific allegation of any overt act has been attributed against the petitioner. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 07.07.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Makhadumpur P.S. Case No.265 of 2020. (Anjani Kumar Sharan, J) Trivedi/- U T