Brajesh Kumar @ Brajesh Yadav @ Baja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58756 of 2022 Arising Out of PS. Case No.-339 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== Brajesh Kumar @ Brajesh Yadav @ Baja S/o Late Dawarika Rai R/o villageJamira, P.S.- Ara Muffasil, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Adv.
For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-02-2023 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Ara Nagar P.S. Case No. 339 of 2022 lodged under Sections 307, 34 of the I.P.C. read with Section 27 of the Arms Act. As per the prosecution case, the allegation against the present petitioner along with other 4 accused persons to surround the informant and made indiscriminate firing upon him. The allegation of firing is against 2 persons only i.e. on present petitioner and one Sonu Kumar.
Learned counsel for the petitioner submits that petitioner is in custody since 01.05.2022 and there is one
Patna High Court CR. MISC. No.58756 of 2022(3) dt.21-02-2023 2/2 criminal case pending against him in which he is on bail. Counsel further submits that he is ready to fulfill all the conditions whatsoever shall be imposed upon him. Learned counsel for the State opposes the prayer for bail and submits that upon going through the facts and the allegations made against the petitioner that he has made indiscriminate firing due to which informant injured. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected but liberty is hereby granted to the petitioner that he may renew his prayer for bail 4 months after framing of charge. In the meantime, the prosecution party shall complete his evidence.
With this observation, the bail application stands rejected.
(Dr. Anshuman, J.) prakashmani/- U T