Sanjeet Kumar @ Sanjeev @ Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57435 of 2018 Arising Out of PS. Case No.-173 Year-2018 Thana- BELAGANJ District- Gaya ====================================================== SANJEET KUMAR @ SANJEEV @ SUJIT KUMAR, S/o Bhulendra Yadav @ Mulendra Yadav, R/o Vill.- Tarahua, P.S.- Makhdumpur, DistrictJehanabad. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Syed Ehteshamuddin, Advocate.

For the Opposite Party :

Mr. Rajesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Section 307/34 of the IPC. The prosecution story, in brief, is that on 19.06.2018, while the informant was coming home from his land, then in the way, petitioner and other accused came on Motorcycle and fired at him and he sustained with injury near right ear. Two more shots were fired at him which did not hit him. Informant fell down on being injured and became senseless.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. There

Patna High Court Cr.Misc. No.57435 of 2018(3) dt.22-11-2018 2/2 is no allegation of tampering with the witnesses alleged against the petitioner. The main allegation is against co-accused Narsingh Yadav who is alleged to have fired upon the victim. There is no allegation of assault alleged against the petitioner nor any injury has been caused by the petitioner upon the victim.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XI, Gaya, in connection with Belaganj P.S. Case No. 173 of 2018, (G.R. No. 4104 of 2018), subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T