Patna High Court – Orders
Sanjay Sharma @ Sanjay Kumar … vs The State Of Bihar on 22 May, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32131 of 2025
Arising out of PS. Case No.-259 Year-2023 Thana- VIJAYEPUR District- Gopalganj
======================================================
Sanjay Sharma @ Sanjay Kumar Vishwakarma S/o- Parmanand Sharma @
Parma Sharma Village- Vilarua PS- Vijaipur District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate
For the Opposite Party/s: Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 22-05-2025
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the state.
2. The petitioner seeks bail in connection with Vi-
jaipur (Vijaypur) P.S. Case No. 259 of 2023 instituted for the of-
fences under Sections 341, 323, 307, 337, 338, 504/34 IPC and
later on Section 302 IPC was added. He has no criminal an-
tecedent.
3. As per the prosecution case the informant has stated
that nine named accused persons including the petitioner sur-
rounded the informant and others. As a result of assault caused
by co-accused one Krishna Sharma and the petitioner, the infor-
mant brother sustained serious injuries and the rest of the ac-
cused persons were accused of assaulting the others persons and
subsequently during the course of treatment the brother of the
Patna High Court CR. MISC. No.32131 of 2025(2) dt.22-05-2025
2/3
informant, succumbed to his injuries.
4. It is submitted by learned counsel for the petitioner
that the petitioner has falsely been implicated in this case and
there is a general and omnibus allegation of causing injury to
the brother of the informant against the petitioner as well as the
other co-accused, Krishna Sharma. Learned counsel has further
pointed out that similarly situated co-accused Krishna Sharma
has already been granted bail vide order dated 20.12.2024
passed in Cr. Misc No. 87019 of 2024. It has been submitted
that there is a land dispute between the parties and both are ag-
nates and only to settle the dispute this false case has been
lodged against the petitioner. It is lastly submitted that the peti-
tioner has no criminal antecedent and is in custody since
21.01.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner and
has submitted that earlier the petitioner approached this Court
for grant of anticipatory bail, however, the same was rejected
vide order dated 09.08.2024 passed in Cr. Misc. No. 56024 of
2024, thereafter, the petitioner was taken in custody on
21.01.2025 and there is serious allegation upon the petitioner to
have assaulted the brother of the informant who later died dur-
Patna High Court CR. MISC. No.32131 of 2025(2) dt.22-05-2025
3/3
ing the course of treatment.
6. Considering the aforesaid submissions of learned
counsel for the respective parties and taking into account the
fact that there is specific allegation against the petitioner to have
caused head injury to the brother of the informant who later died
during the course of treatment, I am not inclined to grant bail to
the petitioner for the present. The prayer for bail is rejected. Ac-
cordingly, the present bail application is dismissed.
7. However, the petitioner is at liberty to renew his
prayer for bail after six months or on framing of charge, which-
ever is later.
(Sourendra Pandey, J)
Vikash/-
U T
[ad_1]
Source link