Sanjay Kumar @ Sanjay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17444 of 2021 Arising Out of PS. Case No.-101 Year-2019 Thana- SANOKHAR District- Bhagalpur ====================================================== SANJAY KUMAR @ SANJAY MAHTO S/O KAILASH MAHTO @ KALAS MAHTO RESIDENT OF VILLAGE LAXMIPUR, P.O-SAKRAMA, P.S-SANHOULA (SAKRAWAN), DISTRICT-BHAGALPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Kumar, Advocate For the Opposite Party/s :

Dr. Ajeet Kuma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, while the cousin brother of the informant was returning back, he was shot dead by unknown accused persons.

It is submitted by learned counsel for the petitioner that the FIR was registered against unknown. Name of the petitioner transpired in course of investigation in the confessional statement of one Sanjay Mahto son of Gowardhan Mahto. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.17444 of 2021(3) dt.28-09-2021 2/2 possession of the petitioner who has no criminal antecedent and is in custody since 18.8.2019. Further Sanjay Mahto son of Gowardhan Mahto has been enlarged on bail vide order dated 18.8.2021 passed in Cr. Misc. no. 44476 of 2021. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner not having any criminal antecedent and having remained in custody for over two years, the Court directs the petitioner to be enlarged on bail in connection with Sanokhar P.S. Case no. 101 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-IX, Bhagalpur.

(Partha Sarthy, J) Prakash/- U