Sanju Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16842 of 2021 Arising Out of PS. Case No.-110 Year-2020 Thana- SIKRAUL District- Buxar ====================================================== Sanju Bin S/O Devnath Bin R/O Village- Pahadpur, P.S.- Sikraul, DistrictBuxar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Shankar Pathak For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Sikraul P.S. Case No. 110 of 2020 registered for the offence punishable under Sections 147, 148, 149, 448, 380, 504, 506, 323, 427, 379, 354(A), 307, 325 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, allegation against the petitioner is that petitioner with other F.I.R. named co-accused persons threatened and assaulted informant and committed theft by snatching her mangalsutra and they also beaten other persons who came to rescue her.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.16842 of 2021(2) dt.19-07-2021 2/2 petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. No such occurrence as alleged ever took place. No incriminating article has been recovered from his conscious physical possession. He submits that the alleged occurrence was took place on 18.07.2020 but the F.I.R. was lodged on 10.09.2020 that is about two months delay which is not explained. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has four criminal antecedents as has been mentioned in para 3 of the bail petition and has been languishing in custody since 07.12.2020. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid and the fact that there is delay of about two months of filing the F.I.R. from the date of occurrence of the offence, the above named petitioner is directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Sikraul P.S. Case No. 110 of 2020. (Anjani Kumar Sharan, J) GAURAV S.