Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINALAPPEAL (SJ) No.708 of 2022 Arising Out of PS. Case No.-6 Year-2020 Thana- BUNIYAD GANJ District- Gaya ====================================================== SANJEEV KUMAR Son of Surendra Prasad Resident of Village - Ward no.49, Manpur Pehani Bakraur, P.s.- Buniyadganj, Distt.- Gaya. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

UPENDRA KUMAR Son of Babunand Das Resident of Village - Chirmichi Bigha, P.s.- Belaganj, Distt.- Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Shashank Shekhar For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 03-02-2023 Heard learned counsel for the appellant and the learned A.P.P. for the State.

The appellant apprehends his arrest in connection with Buniyadganj P.S. Case No. 06 of 2020 registered under Section 302 read with 34 of the Indian Penal Code and sections 3 (i)(r)(s)/3(2) (v-a) of the SC/ST Act.

Learned counsel appearing on behalf of the appellant submits that the appellant is innocent and has falsely been implicated in the present case by mistake of fact. Further he submits that in the statement of the informant recorded under Section 164 Cr. P.C. (Annexure-2), he categorically deposed that his brother (deceased) was killed by some unknown person on

Patna High Court CR. APP (SJ) No.708 of 2022(4) dt.03-02-2023 2/2 the road. Further he submitted that in the instant case, final form has already been submitted, as contained in Annexure-3 to the bail application.

Having considered the facts and circumstances of the case, let the above named appellant be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Exclusive Special Judge, SC/ST (POA) Act, Gaya in connection with Buniyadganj P.S. Case No. 06 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

shailendra/- (Arvind Srivastava, J) U T