Sanjesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65032 of 2022 Arising Out of PS. Case No.-467 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SANJESH KUMAR S/O Late Sheo Nandan Singh R/O Village- Bishunpur Chaturbuj, Ward No-17, P.S- Mufassil, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Vinay Pd. Singh For the Opposite Party/s :
Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 341, 323, 324, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
As per prosecution case, informant alleged that on 13.09.2020 when he and his brother were providing fodder to fish, in the meantime, the petitioner along with co-accused persons came and assaulted them. When one Abhash Kumar made inquiry, one person fired upon him. Later on, the informant alleged his name as Sajesh Kumar.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.65032 of 2022(2) dt.24-02-2023 2/3 petitioner is innocent and has committed no offence. There is no eye-witness of the alleged offence rather the petitioner has falsely been made accused in the present case only on the basis of suspicion. From perusal of the FIR, the informant did not identify the petitioner by face or by name at the time of alleged occurrence, although general and omnibus allegation is leveled against him. It is further submitted that good sense has been prevailed between the parties. Moreover, co-accused Prince Kumar is already granting the privilege of the bail granted by co-ordinate Bench of this Court vide order dated 11.1.2022 in Cr. Misc. No. 22456 of 2021. The petitioner is languishing in judicial custody since 11.9.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil (Begusarai) P.S. Case No. 467 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand)
Patna High Court CR. MISC. No.65032 of 2022(2) dt.24-02-2023 3/3 with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai/ concerned Court.
(Sunil Kumar Panwar, J) Manish/Aman U T