Sanjeet Kumar @ Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71358 of 2021 Arising Out of PS. Case No.-48 Year-2020 Thana- BHADAUR District- Patna ====================================================== 1.

SANJEET KUMAR @ SANJEEV KUMAR Son of Janardan Prasad, Janardan Mahto @ Jano Mahto Resident of Village - Jandi Nagar, P.S. - Bhadaur, District- Patna.

2.

TENI KUMAR Son of Janardan Prasad, Janardan Mahto @ Jano Mahto Resident of Village - Jandi Nagar, P.S. - Bhadaur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-05-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 307, 302, 120(B) and 504 of the Indian Penal Code read with Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the petitioners are in custody since 14.08.2021, are persons with clean antecedent and charge-sheet has been submitted in the case.

The informant alleges that the petitioners along with named accused persons intercepted him and his brother Lalan

Patna High Court CR. MISC. No.71358 of 2021(2) dt.23-05-2022 2/3 and Munna along with father Nago Mahto and started assaulting them, thereafter Janardan Mahto fired at Lalan causing injury and when Nago Mahto tried to save him, then Janardan again fired causing injury to Nago and thereafter petitioners along with others assaulted the informant causing injury on hand, legs and head. It is next alleged that the occurrence took place on account of a previous enmity and Lalan was declared dead by the doctors on arrival at hospital.

Learned counsel for the petitioners submits that specific allegation of firing is against Janardan which caused death of Lalan and injury to Nago, it is further submitted that as far as other accused persons are concerned, the allegations are general and omnibus in nature. Learned counsel submits that coaccused Nago Mahto has been granted bail vide order dated 04.08.2021 passed in Cr. Misc. No. 39316 of 2021. Learned A.P.P. for the State opposes the prayer for bail of the petitioners.

Considering the fact that the petitioners are in custody since 14.08.2021, charge-sheet has been submitted in the case, the petitioners are persons with clean antecedent and the allegation of assault against them is general and omnibus in nature, let the petitioners above named be released on bail on

Patna High Court CR. MISC. No.71358 of 2021(2) dt.23-05-2022 3/3 furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bhadaur P.S. Case No. 48 of 2020. (Satyavrat Verma, J) Rishi/- U T