Sanjiv @ Sanjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29997 of 2018 Arising Out of PS.Case No. -248 Year- 2010 Thana -GOPALPUR District- BHAGALPUR ====================================================== Sanjiv @ Sanjit Kumar S/o Late Satya Narayan Prasad, R/o Vill.- Mathurapur, P.S.- Gogri, District- Khagaria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Randhir Kumar No-1 For the Opposite Party/s : Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in connection with S.Tr. No. 654 of 2011 arising out of Gopalpur (Rangra) P.S. Case No. 248/2010 registered for the offences punishable under sections 394 of the Indian Penal Code (later on section 395 of the Indian Penal Code was added). It has been submitted that in course of investigation, one Ashok Mahto (driver of informant) was apprehended who confessed his complicity in the crime and disclosed the name of other accused persons. The similarly situated co-accuseds, whose names were disclosed in the confession of Ashok Mahto, have been allowed bail by different coordinate Benches of this Court as mentioned in paragraph 12 of this bail application. Further submission is that nothing has been recovered from the possession of the petitioner and till the date he has not been put on
Patna High Court Cr.Misc. No.29997 of 2018 (3) dt.03-07-2018 2/2 TIP. He is in custody since 18.03.2018 having clean antecedent except one case in which he is on bail. His case stands on similar footing to the case of co-accused who are on bail and so he deserves bail. The learned Additional Public Prosecutor on the other hand opposed the submission.
Considering the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge-II, Naugachhia, Bhagalpur in connection with S.Tr. No. 654 of 2011 arising out of Gopalpur (Rangra) P.S. Case No. 248/2018, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
Mahesh/- (Sanjay Kumar, J) U T