Sanjay Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1749 of 2017 Arising Out of PS.Case No. -170 Year- 2016 Thana -BAKHTIYARPUR District- PATNA ====================================================== Sanjay Sao, son of Prabhu Sao, resident of Doma Karauta, P.S. Salimpur, District-Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 19-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Bakhtiyarpur P.S. Case No.170 of 2016 registered under Sections 302, 341 and 379 of the Indian Penal Code besides Section 27 of the Arms Act. The prosecution case is that Pintu, the son of the informant Shyamlal Sahu, used to do the contract work of waiter with Kanhaiya Kumar, son of owner of Kanhaiya Dhaba. Later on, some dispute arose and his son started to do the business separate. On 26.06.2016, this petitioner, who used to do the work of Halwai with Pintu, called Pintu on mobile at bypass on which the son of the informant (Pintu) asked him to come to his house but he called Pintu at bypass who went there. Thereafter, Pintu

Patna High Court Cr.Misc. No.1749 of 2017 (2) dt.19-01-2017 2/3 informed his wife Sunita Kumari on her mobile that he will return to his house after sometime. Later on, Pramod Sah informed the wife of Pintu on mobile that he has been informed by Sanjay Sao (petitioner) that Pintu has been shot fire. When the informant reached there, he found the dead body of his son Pintu Kumar sustaining firearm injury.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the petitioner used to do the work of Halwai with Pintu, the son of the informant, and in that connection, he called him at bypass and when he reached there then he found the dead body of Pintu sustaining firearm injury and informed to Pramod Sah to inform the wife of Pintu. The petitioner has falsely been implicated in this case on mere suspicion in this case on the ground that he had asked Pintu on the mobile to come at bypass. Further submission is that the petitioner was caught on the spot, near the dead body of Pintu, the son of the informant. The petitioner having no criminal antecedent is in custody since 27.06.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court Cr.Misc. No.1749 of 2017 (2) dt.19-01-2017 3/3 Additional Chief Judicial Magistrate, Barh, Patna, in connection with Bakhtiyarpur P.S. Case No.170 of 2016.

(Rajendra Kumar Mishra, J) P.S./- U T