Sanjay Rai @ Sanjay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72439 of 2021 Arising Out of PS. Case No.-47 Year-2019 Thana- MARANCHI District- Patna ====================================================== SANJAY RAI @ SANJAY MAHTO SON OF RAJO MAHTO @ RAJO RAI R/O VILLAGE- SIMRIYA GHAT, BIND TOLI, P.S.- CHAKITYA, DISTRICT- BEGUSARAI ... ... 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 :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, it is stated by the informant that while he was at home he could hear sound of indiscriminate firing going on outside. One of the shots hit his nephew who died on the spot. The informant states that on his coming out he saw the four named accused persons and ten other unknown persons. It transpired that there was firing between two groups in which the occurrence took place and his nephew was killed.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. No

Patna High Court CR. MISC. No.72439 of 2021(2) dt.07-06-2022 2/2 overt act has been alleged against him. The allegations are general and omnibus in nature. The petitioner is in custody since 6.10.2021 and investigation in the case has concluded. Coaccused Kumod Thootha, Kare Mahto and Sajan @ Sajjan Mahto have been enlarged on bail vide order dated 11.2.2022 passed in Cr. Misc. no. 37329 of 2021, order dated 11.2.2022 passed in Cr. Misc. 37604 of 2021 and order dated 15.11.2021 passed in Cr. Misc. no. 20512 of 2021 respectively. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, grant of bail to the above named coaccused, the petitioner having remained in custody for 8 months and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Maranchi (Pachmahalla O.P) P.S. Case no. 47 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M 1st Class, Barh, District Patna.

(Partha Sarthy, J) Prakash/- U