Sanjay Kumar Yadav @ Sanjay Rai @ Sanjay Kumar @ Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36194 of 2018 Arising Out of PS. Case No.-221 Year-2002 Thana- DIGHA District- Patna ====================================================== SANJAY KUMAR YADAV @ SANJAY RAI @ SANJAY KUMAR @ SANJAY YADAV, Son of Late Ram Prasad Rai, Resident of Mohalla- Kurji Gate No.71, Police Station- Digha, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Prem Ranjan Kumar For the Opposite Party/s :

Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Digha P.S. Case No. 221 of 2002 registered for the offence punishable under Sections 147, 148, 323, 307, 224, 353 of the Indian Penal Code and Section 27 of the Arms Act. Informant is the police official, who in his written complaint has stated that on 15.12.2002 at about 8.30 AM he received a secret information that a notorious criminal Kariman Rai @ Anil Rai alongwith his associates is sitting at his house at Kurji Gate No. 12, Digha and on receiving such information, he alongwith other police personnel proceeded and as soon as they reached there, Kariman Rai and his associates after seeing police party started fleeing away and Kariman Rai started

Patna High Court Cr.Misc. No.36194 of 2018(5) dt.06-09-2018 2/2 indiscriminate firing upon the police party and seven persons were apprehended by the police. Thereafter they disclosed their names and when police party reached at Kurji Pul, about 1500 persons surrounded them and got freed apprehended accused. It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. It has been further submitted that from perusal of the FIR, it appears that no specific allegation has been attributed against the petitioner. It has been further submitted that the specific allegation of firing is only against Kariman Rai @ Anil Rai. Petitioner is in custody since 16.03.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge XVI cum A.C.J.M., Patna, in connection with Digha P.S. Case No. 221 of 2002.

(S. Kumar, J) veena/- U T