Sanjeev Kumar @ Sanjeev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3696 of 2020 Arising Out of PS. Case No.-273 Year-2018 Thana- BARHIYA District- Lakhisarai ====================================================== SANJEEV KUMAR @ SANJEEV SINGH Son of Late Bhagawan Singh Resident of Village - Dhiradar, P.S.- Barahiya, Dist.- Lakhisarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vaidehi Raman Prasad Singh, Advocate.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-09-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 307 and 387/34 of the Indian Penal Code and Section 27 of the Arms Act.

According to F.I.R., ransom was demanded from the informant and on refusal, on the order of the petitioner coaccused Golu Kumar fired at the informant causing injury. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He is victim of false implication. None of the witnesses before the police stated that when they reached after hearing sound of firing they saw the

Patna High Court CR. MISC. No.3696 of 2020(3) dt.18-09-2020 2/3 petitioner also. Moreover, after investigation police had not sent up the petitioner for trial.

Learned counsel for the State submits that the informant cannot be disbelieved at this stage. Considering the nature of allegation against the petitioner and non-support of the same by other witnesses, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Barahiya P.S. Case No. 273 of 2018, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without

Patna High Court CR. MISC. No.3696 of 2020(3) dt.18-09-2020 3/3 permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T