Sanjeev Kumar @ Sanjeev Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10018 of 2024 Arising Out of PS. Case No.-101 Year-2003 Thana- BRAHMPURA District- Muzaffarpur ====================================================== SANJEEV KUMAR @ SANJEEV KUMAR SHARMA S/O LATE SURYA BHUSHAN SHARMA R/O MOHALLA- RAHUL NAGAR ROAD NO.-3, P.S- BRAHAMPURA, DISTT.- MUZAFFARPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Bela Singh For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Brahampura P.S. Case No.101/2003, registered for the offence punishable under Sections 147, 148, 149, 187, 188, 190, 332, 337, 338, 307, 342, 379, 353, 427 of the Indian Penal Code & Section 8 (I) Bihar Maintenance of Public Order Act, 1949 and Sections 3 and 4 of the Prevention of Damage to Public Property Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and after 19 years of the occurrence came to be implicated based on secret informant, which is the easiest way to implicate someone when petitioner admittedly is a person with clean antecedent. It is next submitted

Patna High Court CR. MISC. No.10018 of 2024(2) dt.27-02-2024 2/2 that the informant alleges that in the year 2003, an accident took place, when a motorcycle rider died on account of which road was blocked by the villagers and they pelted stones at the police and even damaged vehicles. Accordingly, the F.I.R. was instituted against 16 named accused persons and 200-250 unknown. It is further submitted that petitioner was not named in the F.I.R. but 19 years thereafter he came to be implicated in the manner as recorded hereinabove.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Court No.9 of J.M. 1st Class, East, Muzaffarpur in connection with Brahampura P.S. Case No.101/2003, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T