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2022 Supreme(SC) 44

M. R. SHAH, SANJIV KHANNA
Sunil Kumar – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Rituraj Biswas, AOR Mr. Rituraj Choudhary, Adv. Mr. Chandan Kumar, Adv. Mr. Mayan Prasad, Adv. Ms. Sujaya Bardhan, Adv.
For the Respondent(s): Mr. Devashish Bharuka, AOR Ms. Sarvshree, Adv Mr. Justine George, Adv. Mr. Manas Syal, Adv. Mr. Atul Kumar, AOR

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature at Patna dated 17.08.2021 passed in Criminal Miscellaneous Application No. 13149 of 2021 by which the High Court has released the respondent No. 2 - original accused on bail in connection with alleged Case No. 328 of 2020-Vaishali Police Station for the offence under Sections 147, 148, 149, 341, 323, 324, 427, 504, 506, 307 and 302 IPC and Section 27 of the Arms Act, the original informant-younger brother of the deceased has preferred the present appeal.

2. That the appellant herein-informant-younger brother of the deceased Shardanand Bhagat lodged F.I.R. with the Vaishali, Bihar Police Station against all the accused named in the F.I.R. for the offence under Sections 147, 148, 149, 341, 323, 324, 427, 504, 506, 307 and 302 IPC and Section 27 of the Arms Act for having assaulted them and killed his elder brother Shardanand Bhagat, who succumbed to the bullet injury. As per the case of the prosecution, on fateful date of occurrence accused Ramawatar Bhagat (respondent No. 2 herein) and other accused named in F.I.R. having armed with lethal weapons c

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