Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16038 of 2025 Arising Out of PS. Case No.-576 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Sandeep Kumar, aged about 26 years, Male, S/o- Late Awadhkishor Singh, resident of Village- Chaturpatti PS- Paroo Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 140(1), 103(1), 238 and 3(5) of the BNS, 2023.

3. As per allegation in the FIR, when the brother of the informant was sleeping in the veranda, all the FIR named accused persons abducted him and later on the dead body was found near Tirhut Bandh at village-Basudeopur Sarai, Ward No.12 PS Sahebganj.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case only on the basis of suspicion. He next submits that the FIR was lodged after two days of the alleged occurrence and similarly situated co-accused person has already been granted regular bail by a

Patna High Court CR. MISC. No.16038 of 2025(4) dt.02-07-2025 2/2 Co-ordinate Bench of this Court passed in Cr. Misc. No. 18944 of 2025. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 15.12.2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. On perusal of the first information report, case diary and impugned order dated 11.02.2025, it appears that petitioner is not named in the FIR and similarly situated coaccused has been granted bail by this Court passed in Cr. Misc. No. 18944 of 2024 and petitioner is in custody for more than six months, so let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, (West), Muzaffarpur in connection with Sahebganj P.S. Case No. 576 of 2024, subject to the condition that the petitioner shall remain physically present on each and every date fixed by the learned trial Court. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T