Sanjeev Kumar @ Sanjiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13994 of 2020 Arising Out of PS. Case No.-404 Year-2019 Thana- HARNAUT District- Nalanda ====================================================== Sanjeev Kumar @ Sanjiv Kumar, male, aged about 34 years, S/o Amerika Singh R/o village- Dadaur, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uma Shankar Prasad Singh For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-10-2020 Heard Mr. Uma Shankar Prasad Singh, learned counsel for the petitioner and Mr. Binod Kumar No.3, representing the State.

In this case, the petitioner is seeking bail in connection with Harnaut P.S. Case No. 404 of 2019 registered for offences under sections 392, 395 and 412 of the Indian Penal Code.

As per prosecution case, one Manoj Choudhary, after unloading the truck bearing Registration No. BR-52G 1479, proceeded from Chapra to Sheikhpura. The Informant himself was driving the truck along with Khalasi. When they reached to NH 30A near Chatiana village, four miscreants stopped the truck. Two miscreants jumped on the Truck and

Patna High Court CR. MISC. No.13994 of 2020(5) dt.15-10-2020 2/3 rapped the mouth, eyes and hand of the Informant. They also tied the Khalasi through towel (Gamchha). They proceeded further and after covering some distance, they got them down and seated in the Scorpio and, after some distance, they left both of them on the southern village Road.

The name of the petitioner has transpired in the confessional statement of co-accused Raushan Kumar. He further submits that other co-accused, namely, Ashwini Pandit has been granted bail by this Court vide order dated 3.6.2020 passed in Cr. Misc. No. 17109 of 2020.

The petitioner has got no criminal antecedent and is languishing in jail custody since 2.1.2020. Looking to the period of custody as also considering the entire facts and circumstances of the case, let the petitioner, above named, 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 Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Harnaut P.S. Case No. 404 of 2019, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and

Patna High Court CR. MISC. No.13994 of 2020(5) dt.15-10-2020 3/3 the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds and (iv) the petitioner will report to the Harnaut police station by 7th of every month for at least six months and in case of failure without any valid rhyme or reason, the bail of the petitioner will be treated to have been canceled.

(Shivaji Pandey, J) rishi/- U T