Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74541 of 2022 Arising Out of PS. Case No.-422 Year-2022 Thana- RAMNAGAR District- West Champaran ====================================================== Sanjay Yadav, Son of Rajdev Yadav Resident of Village- Meghwal, P.S.- Ramnagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP.

For the Informant :

Mr. Niraj Kumar Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-05-2023 Heard the parties.

2. The petitioner seeks pre-arrest bail in connection with Ramnagar P.S. Case No. 422 of 2022 registered for the offence punishable under Sections 447, 448, 326 and 307/34 of the Indian Penal Code and Sections 27, 25(1-b)a and 26 of the Arms Act.

3. As per the allegation made in the F.I.R., one Raju Khan has assaulted the informant with fire arm and 2-3 unknown persons started open fire.

4. Learned counsel appearing on behalf of the petitioner submits that specific allegation is against co-accused Raju Khan. Name of the petitioner has surfaced in confessional statement of co-accused Raju Khan and Satyendra Kumar.

Patna High Court CR. MISC. No.74541 of 2022(2) dt.17-05-2023 2/2

5. Mr. Niraj Kumar Singh, learned counsel appearing on behalf of the informant submits that the petitioner was one of the member who had fired upon the informant. Learned APP has supported the submission made on behalf of the informant and submits that the informant has sustained fire arm injury on his cheek.

6. Considering the rival submissions of the parties as well as the fact that the petitioner is not named in the F.I.R. and specific allegation of having shot upon the informant is against Raju Khan, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 422 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) mantreshwar/- U T