Patna High CourtCR. MISC./72928/2024bail rejected

Sanjiv Kumar @ Gandhi Ji v. The State Of Bihar

2025-03-03Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72928 of 2024 Arising Out of PS. Case No.-110 Year-2024 Thana- KADIRGANJ District- Patna ====================================================== Sanjiv Kumar @ Gandhi Ji S/o Anil Kumar R/o Village- Redvigha, P.S.- Dhanarua, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan For the Informant :

Mr. Paras Nath For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kadirganj P.S. Case No. 110 of 2024 dated 20.07.2024 registered for the offences punishable u/ss 103(1), 61(2) read with 3(5) of the B.N.S.

3. As per the prosecution case, the petitioner and the co-accused person took the informant's son to Mashauri with them. Thereafter, the informant came to know that the petitioner and the other co-accused persons shot his son dead.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.72928 of 2024(3) dt.03-03-2025 2/2 petitioner. There is no eyewitness to the alleged occurrence. It is further submitted that the petitioner himself took the informant's son to hospital for his treatment. The petitioner had no intention to cause death of the informant's son. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.07.2024.

5. Learned counsel for the informant and learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner took his son with him and there is specific allegation against the petitioner of committing murder of the informant's son. It is a case of last seen theory.

6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail.

7. Learned trial court is directed to expedite the trial and conclude the same at the earliest.

8. The application stands rejected.

(Chandra Prakash Singh, J) guddukr/- U T