Sanjit Tanti @ Sanjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1268 of 2023 Arising Out of PS. Case No.-309 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Sanjit Tanti @ Sanjit Kumar Son Of Bisho Tanti Resident Of Village - Sadpur, P.S.- Sahebpur Kamal, District - Begusarai. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr.Nakul Kumar Jamuar For the Respondent/s :
Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the appellant and learned Special P.P for the State.
The appellant has challenged the order dated 18.01.2023 passed by learned Exclusive Special Judge, SC/ST Act, Begusarai in connection with Sahebpur Kamal P.S. Case No. 309 of 2021 instituted for the offences punishable under Sections 302, 120(B) of the Indian Penal Code and Sections 3(2)(v) of the SC/ST Act whereby his prayer for being released on bail has been rejected.
It is a case of commission of murder of the
Patna High Court CR. APP (SJ) No.1268 of 2023(4) dt.31-08-2023 2/3 minor son of the informant.
It is submitted by learned counsel for the appellant that appellant is innocent and he has falsely been implicated in this case. The appellant is not named in the F.I.R and only on the basis of suspicion, the appellant has been roped in the present case. For the alleged occurrence of 25.12.2021, the F.I.R was registered on 27.12.2021 without explaining the delay. The appellant is in custody since 07.11.2022. Moreover, other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 18.08.2023 passed in Cr. Appeal (SJ) No. 2002 of 2023.
Learned Special P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the appellants.
Taking into account the aforesaid facts, this Court deems it appropriate to set aside the order dated 18.01.2023.
Patna High Court CR. APP (SJ) No.1268 of 2023(4) dt.31-08-2023 3/3 Accordingly, this appeal is allowed.
The appellant, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, SC/ST Act, Begusarai in connection with Sahebpur Kamal P.S. Case No. 309 of 2021.
(Sunil Kumar Panwar, J) Shageer/- U T