Sanjay Sah @ Sanjay Shah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17438 of 2024 Arising Out of PS. Case No.-91 Year-2022 Thana- MANJHAGARH District- Gopalganj ====================================================== Sanjay Sah @ Sanjay Shah S/o Late Mahadeo Sah R/o Village - Chhitauli, P.S. - Manjhagarh, District - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Javed Aslam, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 07-05-2024 Heard Ld. counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Manjhagarh P.S. Case No. 91 of 2022, dated 21.03.2022 registered for the offences punishable under Section 307 of the Indian Penal Code and 27 of the Arms Act.
3. Ld. counsel for the petitioner submits that the petitioner had moved this Court earlier for regular bail vide Cr. Misc. No. 39868 of 2022, which was rejected with an observation that if the trial is not concluded within one year, the petitioner would be at liberty to renew his prayer for bail. He further submits that since the trial has not been concluded in the stipulated time, the petitioner, vide present application, has
Patna High Court CR. MISC. No.17438 of 2024(3) dt.07-05-2024 2/3 renewed his prayer for bail.
4. He further submits that the petitioner is languishing in jail since 29.03.2022.
5. As per report dated 19.04.2024, from Ld. Additional District Sessions Judge-IX, Gopalganj, the case is pending for the prosecution evidence.
6. Considering the aforesaid facts and circumstances, particularly the fact that the trial has not yet been concluded, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bond in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Additional District JudgeXIII, Gopalganj in connection with Manjhagarh P.S. Case No. 91 of 2022 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
Patna High Court CR. MISC. No.17438 of 2024(3) dt.07-05-2024 3/3 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, Ld. Court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding the previous bail petition is wrong, Ld. Court below shall cancel the bail bond of the petitioner.
(Jitendra Kumar, J.) Shoaib/ Ravi ShankarU T