Sanjeet Kumar @ Sanjeet Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73 of 2024 Arising Out of PS. Case No.-363 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SANJEET KUMAR @ SANJEET RAI S/O Late Bindeshwar Rai R/O Village- Jiyalal Chowk Shekhpur, P.S. - Ahiyapur, Dist. - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganesh Prasad Singh, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP-84 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ahiyapur P.S. case No. 363 of 2023 instituted for the offences under Sections 447, 504, 307, 349 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution case, in short, is that three accused persons including this petitioner gathered at the door of the informant, whereas one of the accused person, namely Ranjeet Rai fired at the door of the informant. On seeing the local people, all the accused persons fled away.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.08.2023 and has three criminal antecedents. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the

Patna High Court CR. MISC. No.73 of 2024(2) dt.19-01-2024 2/2 petitioner. No specific overt act is alleged against the petitioner. The specific allegation of firing is attributed against the coaccused person, namely, Ranjeet Rai. He further submitted that nothing incriminating has been recovered from the possession of the petitioner. Learned counsel further submitted that there is inimical term between the informant and the petitioner due to some petty dispute and, therefore, the petitioner has falsely been implicated in the present case.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ahiyapur P.S. case No. 363 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T