Sanoj Yadav @ Sanoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61636 of 2024 Arising Out of PS. Case No.-237 Year-2023 Thana- BARHARA KOTHI District- Purnia ====================================================== Sanoj Yadav @ Sanoj Kumar S/o- Bhopi Yadav Vill- Debri Ward No 02, PS - Barhara Kothi Distt-Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Vishoka Nand, Adv.

For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Barhara P.S. Case No. 237 of 2023 dated 19.06.2023, lodged under Sections 147, 148, 149, 341, 323, 302, 307, 448, 504 and 506 of the I.P.C. read with Section 27 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against sixteen named accused persons including the present petitioner. The allegation against the petitioner is that he has fired in the stomach of the informant's son, due to which he fell down, thereafter the informant's wife reached there, then accused Subham Kumar fired on her chest, due to which she died on the spot.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.61636 of 2024(2) dt.04-09-2024 2/2 petitioner is innocent and has committed no offence. He further submits that there is a long pending dispute in between the informant and the petitioner's side are going on. Earlier eight years ago, one criminal case was also filed, in which informant's sister was eloped and subsequently, the present F.I.R. has been lodged. He further submits that the petitioner is in custody since 22.12.2023 having clean antecedent.

5. Learned A.P.P. for the State opposes the prayer for bail and submits that there is a direct allegation against two accused persons, namely, Sanoj Yadav (petitioner) and Subham Kumar. Against Sanoj Yadav, there is an allegation of firing, due to which the son of the informant injured, whereas the allegation against Subham Kumar is that he has fired upon the wife of the informant, due to which she died on the spot.

6. In the present facts and circumstances of this case and considering the allegation levelled against the petitioner, I am not inclined to grant bail to the petitioner and, therefore, his bail petition is hereby rejected at this stage. (Dr. Anshuman, J) sadique/- U T