Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18370 of 2021 Arising Out of PS. Case No.-9 Year-2020 Thana- CHAUSA District- Madhepura ====================================================== Sanjay Singh, male, aged about 43 years, S/o Khantar Singh, R/o Village Khoparia, P.S. Chousa, District Madhepura.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within three 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 a case registered for the offence punishable under Sections 341, 384, 379, 504, 506/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other accused person named in the FIR surrounded the brother of the informant and threatened him to ask his brother to withdraw the case otherwise he would be killed. The accused

Patna High Court CR. MISC. No.18370 of 2021(2) dt.27-08-2021 2/3 persons including the petitioner demanded extortion of Rs.50,000/-. The accused persons also snatched Rs.10,000/- from the brother of the informant.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is further submitted that the similarly situated co-accused has been granted bail by a co-ordinate Bench of this Court vide order dated 23.03.2021, passed in Cr. Misc. No.4042 of 2021. It is submitted that the co-accused Santlal Singh got 22 criminal antecedents. The petitioner has got 2 criminal antecedents registered under different sections of the Indian Penal Code as well as under the Arms Act. The petitioner is in custody since 19.06.2020. The learned APP vehemently opposed the prayer for bail of the petitioner.

Having considered the facts aforesaid and the fact that the co-accused has already been granted bail by a co-ordinate Bench of this Court, let petitioner, above named, be released 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/successor court where the case is pending in connection with Chousa P.S. Case No.9 of 2020, subject to the conditions:

(1) That one of the bailors will be a close relative of the

Patna High Court CR. MISC. No.18370 of 2021(2) dt.27-08-2021 3/3 petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the court, if there is any change in the address of the petitioner.

(2) That the bailor shall also state on affidavit that he will inform the court concerned, if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiating proceeding for cancellation of bail on the ground of misuse.

(3) That the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(4) That the petitioner shall co-operate with the investigation, if not already concluded and make himself available as and when required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjani Kumar Sharan, J) S.KUMAR/- U T