Dhananjay Kumar @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53036 of 2022 Arising Out of PS. Case No.-182 Year-2019 Thana- SAHPUR District- Patna ====================================================== Dhananjay Kumar @ Rajesh Kumar S/O Dayanand Pandey Resident Of Village - Patalpur, P.S.- Shahpur, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-03-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Shahpur P.S. Case No. 182 of 2019 registered for the offences punishable under Sections 147, 341, 323, 504 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution, the informant's son Dilip Kumar, was shot dead by this petitioner and other FIR named persons.

Patna High Court CR. MISC. No.53036 of 2022(3) dt.15-03-2023 2/3 The main submissions advanced by petitioner's learned counsel are that though the petitioner is named in the FIR but during the investigation it came into light from the statement of one material witness namely, Dayanand Pandey that the alleged firing was made by co-accused Bittu Pandey and moreover the alleged incident was result of celebratory firing which took place on the occasion of marriage of petitioner's sister and the petitioner has fair and clean antecedent and he is the next door neighbour of the informant and there was no motive to kill the victim on the part of the accused persons named in the FIR and the alleged incident took place accidentally and the petitioner has been languishing in jail since 09.05.2022 and against him the investigation has been completed.

Learned APP appearing for the State has opposed the prayer for bail and submitted that as per FIR there is serious allegation against the petitioner.

In view of the facts, as stated above, the petitioner deserves to the privilege of bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection

Patna High Court CR. MISC. No.53036 of 2022(3) dt.15-03-2023 3/3 with Shahpur P.S. Case No. 182 of 2019.

(Shailendra Singh, J.) maynaz/- U T