Sanjay Kumar @ Sanjay Thikedar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.940 of 2024 Arising Out of PS. Case No.-84 Year-2023 Thana- DELHA District- Gaya ====================================================== Sanjay Kumar @ Sanjay Thikedar SON OF LATE NARESH KUMAR @ LATE NARESH PRASAD RESIDENT OF VILLAGE - ISHWAR CHAUDHARY HALT, PS- MUFASSIL, DIST- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarendra Nath Verma, Advocate.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-01-2024 Heard Mr. Amrendra Nath Verma, learned counsel appearing on behalf of the petitioner and Dr. Ajeet Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Delha (Gaya) P.S. Case No. 84 of 2023 registered for the offence punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the allegation made in the F.I.R., the petitioner along with the accused persons named in the F.I.R. have been alleged to have fired upon the informant due to which he had sustained gun shot injury on his chest.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated

Patna High Court CR. MISC. No.940 of 2024(2) dt.24-01-2024 2/2 in the case due to enmity between the parties. Informant is a veteran criminal and he wanted to show his supermacy in the tempo stand and extract money which was not accepted by the petitioner, due to which, the false case has been lodged against the petitioner and other accused persons. Learned counsel further proceeded to submit that the petitioner has not fired. The specific allegation of firing is against co-accused Monu Bhagat.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation made in the F.I.R. as well as the fact that the specific allegation of firing is against co-accused Monu Bhagat, 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 C.J.M., Gaya in connection with Delha (Gaya) P.S. Case No. 84 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T