Amarjeet Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9029 of 2022 Arising Out of PS. Case No.-54 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== Amarjeet Sinha Son of Shri Lal Mohan Verma Resident of Village - Khajuri, P.S.- Naubatpur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Phulwari Sharif (Janipur) P.S. Case No. 54 of 2021 registered for the offence under Sections 302 and 34 of the Indian Penal Code and 27 of the Arms Act.

The accused/petitioner is not named in the F.I.R. and is in custody since 24.01.2021.

The allegation against the petitioner is to commit murder of husband of the informant by causing fire arm injury, along with other named co-accused persons, due to longstanding land dispute.

Patna High Court CR. MISC. No.9029 of 2022(3) dt.14-11-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that the petitioner is not named in the FIR and his name surfaced, during the course of investigation, arising out of confessional statement of named co-accused, namely, Ankit Kumar. It is submitted that maximum allegation, which surfaced during the course of investigation, against this petitioner, is to act as a liner. It is further submitted that similarly situated coaccused, namely, Munna Kumar, has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 45239 of 2021 vide order dated 15.11.2021. While concluding the argument, it is submitted that investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as save and except suspicion, nothing surfaced during the course of investigation, which may connect this petitioner, prima facie, with the present occurrence coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Phulwari Sharif (Janipur) P.S. Case No. 54 of 2021 on

Patna High Court CR. MISC. No.9029 of 2022(3) dt.14-11-2022 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XVII, Patna/concerned court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T