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Patna High CourtCR. MISC./39942/2020allowed

Sanny Kumar Jha @ Sanni Kumar Jha v. The State Of Bihar

2021-02-19Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39942 of 2020 Arising Out of PS. Case No.-270 Year-2020 Thana- BAHERA District- Darbhanga ====================================================== SANNY KUMAR JHA @ SANNI KUMAR JHA, S/o Late Ram Bahadur Jha, R/o Village- Pohaddi, P.S.- Bahera, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Vikram Singh For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Section 307 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case in brief is that the father of the informant has purchased land from Birendra Kumar Jha and his four brothers, five years ago in the name of the mother of the informant. It is alleged that the son of the 6th brother (petitioner) has also received money of his share on account of sale of the

Patna High Court CR. MISC. No.39942 of 2020(2) dt.19-02-2021 2/3 land, but was not ready to transfer the land to the informants side and he forcibly came on the land along with 10-20 people and started to demarcate the land which was objected by the informant side. Later on Panchayati was held on 30.07.2020 in the evening at the house of Birendra Jha, in which all the family members including the petitioner was also present. It is further alleged that suddenly the petitioner started to abuse the informant and his family members in filthy language and suddenly accused petitioner took out a pistol from his waist and with an intention to kill the informant fired upon him. The bullet fired by the petitioner hit on the neck of the informant and he fell down on the ground. Later on he was taken to DMCH then to PMCH for treatment.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has falsely been implicated in this case. There is land dispute between the parties and there is case and counter case from both sides. The petitioner is languishing in custody since 01.08.2020. The petitioner has got no criminal antecedent.

Learned APP for the State opposes the prayer for bail petition of the petitioner.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.39942 of 2020(2) dt.19-02-2021 3/3 the case, 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 A.C.J.M., Benipur, Darbhanga in connection with Bahera P. S. Case No.270/2020. (Anjani Kumar Sharan, J) amitkumar/- U T