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2026 DAILYLAW 31675 (PAT)

Sanjoo Kumar @ Sanjoo Shooter v. The State of Bihar

CR. MISC./3627/2026 · 2026-01-28

Ajit Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3627 of 2026 Arising Out of PS. Case No.-773 Year-2025 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Sanjoo Kumar @ Sanjoo Shooter S/o Vidhanchal Raut Resident of Village- Beli Saray, Ward No. 29, P.S.- Motihari Town, District- East Champaran ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kundan Rathore @ Kundan Kumar, Advocate For the Opposite Party/s : Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 28-01-2026 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in connection with Town P.S. Case No.773 of 2025, F.I.R dated 10.08.2025 registered for the offences punishable under Sections 191, 191(3), 190, 352 and 109(1) of the Bharatiya Nyaya Sanhita, 2023. 3. As per the fardbeyan of the informant, while he and his friends were present at Banarasi Tea Shop, all the F.I.R.- named accused persons including this petitioner arrived at the spot and assaulted them. It is alleged that accused Aditya Kumar inflicted a knife injury on the informant’s right hand and co- accused Vishal Singh inflicted a knife blow on the back of his Patna High Court CR. MISC. No.3627 of 2026(2) dt.28-01-2026 2/4 head. On hearing the alarm, local people arrived and rescued the informant, leading to the registration of this F.I.R. 4. Learned counsel for the petitioner submits that from the contents of the F.I.R., it would be evident that except for alleging the petitioner to be one of the participants in the crime, there is no accusation of any specific overt act against him, whereas specific and active roles are attributed to the co- accused Aditya Kumar and Vishal Singh. The reason behind false implication is the previous criminal antecedent of this petitioner and it is submitted that he is on bail in the said case. It has further been submitted that similarly situated co-accused person has been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Court vide order dated 10.12.2025 passed in Cr. Misc. No.81476 of 2025. 5. Learned APP for the State opposes the prayer for anticipatory bail application and submits that the petitioner was found to be one of the participant in the said offence. 6. Considering the aforesaid facts and circumstances that the nature of accusation does not show any direct allegation against the petitioner and the allegations against this petitioner are general and omnibus in nature and similarly situated co- accused person has been granted the privilege of anticipatory Patna High Court CR. MISC. No.3627 of 2026(2) dt.28-01-2026 3/4 bail vide order dated 10.12.2025 passed in Cr. Misc. No.81476 of 2025. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner. 7. Let the petitioner, above named, in the event of his/her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran, Motihari, in connection with Town P.S. Case No.773 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, Patna High Court CR. MISC. No.3627 of 2026(2) dt.28-01-2026 4/4 failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. sharun/- (Ajit Kumar, J) U T