Sajan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83837 of 2024 Arising Out of PS. Case No.-58 Year-2024 Thana- ISMAILPUR District- Bhagalpur ====================================================== Sajan Kumar S/O Khantar Mandal R/O Village- Navtolia, P.S- Ismailpur, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhirendra Singh, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Ismailpur P.S. Case No. 58 of 2024 instituted for the offences under Sections 103(i), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. Prosecution case, in short, is that on the alleged date and time, an altercation took place over vehicle parking during the informant's wedding. In the alleged altercation, this petitioner fired a gun leading to the death of the informant's uncle.
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.83837 of 2024(3) dt.25-02-2025 2/2 present case. Learned counsel further submitted that there is no eye-witness to the occurrence. He further submitted that no motive has been assigned for the alleged occurrence. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.07.2024 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that there is specific allegation against the petitioner that he fired upon the informant's uncle due to which he died.
6. Considering the aforesaid facts and circumstances of the case, there being specific allegation against the petitioner of firing upon the deceased, this Court is not inclined to grant bail to the petitioner.
7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.
(Rudra Prakash Mishra, J) Alok Verma/- U T