Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9382 of 2019 Arising Out of PS. Case No.-97 Year-2018 Thana- SULTANGANJ District- Patna ====================================================== SANJAY KUMAR, aged about 22 years, Male, S/o Jagdish Prasad @ Jagdish Paswan, R/O Mohalla- Shiv Durgalaya Lane, Jhoparpatti, P.S. Sultanganj, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-03-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 307/34 of the Indian Penal Code and Sections 27 of the Arms Act. Informant has alleged that while he came out of his room and was walking on the road when three miscreants on motorcycle surrounded him and fired three shots on him. There is no allegation of firing against petitioner. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Name of the petitioner has

Patna High Court CR. MISC. No.9382 of 2019(3) dt.11-03-2019 2/3 surfaced in this case on the basis of confessional statement . Petitioner has not been put on T.I.P. Petitioner is in custody since 14.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sultanganj P.S. Case No. 97 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court CR. MISC. No.9382 of 2019(3) dt.11-03-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T