Patna High CourtCR. MISC./45422/2023allowed

Sanjay Singh v. The State Of Bihar

2023-09-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45422 of 2023 Arising Out of PS. Case No.-805 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== Sanjay Singh S/O Jagdish Singh R/O Village- Kant, Ps. Brahmpur, Dist. Buxar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 447, 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the allegation against the petitioner is that he fired upon the informant but he narrowly escaped. It is further alleged that co-accused also fired upon him and due to which he sustained gunshot injury on his right leg.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is case and

Patna High Court CR. MISC. No.45422 of 2023(3) dt.18-09-2023 2/2 counter case between the parties. It is mentioned that due to firing by the petitioner no specific injury has been sustained by the injured rather the specific allegation of firing levelled against the petitioner due to which he sustained injury on his right leg. It is further submitted that the petitioner is languishing in judicial custody since 28.05.2023.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Brahmpur P.S. Case No. 805 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) Manishkumar/- U T