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Patna High CourtCR. MISC./12778/2022bail granted

Sanjeev Kumar @ Sanjeev Sharma v. The State Of Bihar

2022-07-05Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12778 of 2022 Arising Out of PS. Case No.-81 Year-2021 Thana- TEGHRHA District- Begusarai ====================================================== Sanjeev Kumar @ Sanjeev Sharma Son of Suresh Sharma R/o Village - Daniyalpur Near St. Paul Teghra, P.S. - Teghra, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 05-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Teghra P.S. Case No. 81 of 2021 registered for the alleged offences under Sections 341, 323, 307, 326A, 379, 504 and 506/34 of the Indian Penal Code.

Allegation against the petitioner is that petitioner and other co-accused persons assaulted the neighbours of the informant and co-accused Rohit Kumar sprinkled acid on the informant causing serious injury.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.12778 of 2022(2) dt.05-07-2022 2/3 petitioner is innocent and falsely implicated in this case. There is only general and omnibus allegation against the petitioner. No specific overt act has been attributed to the petitioner. Specific allegations are only against co-accused Rohit kumar and his father Ratan Das. Charge sheet has been submitted in this case and petitioner is in custody since 28.07.2021. Learned APP for the State opposes the prayer for bail submitting that the petitioner was part of the mob and they assaulted informant and his neighbours.

Having regard to the submissions made hereinabove and considering the general nature of allegation against the petitioner without no specific overt act being attributed to him and considering the fact that charge sheet has been submitted along with the period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Begusarai in connection with Teghra P.S. Case No. 81 of 2021, subject to the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.12778 of 2022(2) dt.05-07-2022 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/- U T