Sanjay Kumar @ Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16477 of 2022 Arising Out of PS. Case No.-14 Year-2021 Thana- ROH District- Nawada ====================================================== Sanjay Kumar @ Sanjeev Kumar Son Of Late Charitar Chaudhary R/O Village- Matokhar, P.S.- Sheikhpura, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-07-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Roh P.S. Case No. 14 of 2021 registered for the offence under Sections 364, 365, 379 and 34 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 13.04.2021.

The allegation against the petitioner is to kidnap informant.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner is remanded from Kashichak P.S. Case No. 18 of 2021 dated 30.01.2021. It has further submitted

Patna High Court CR. MISC. No.16477 of 2022(3) dt.12-07-2022 2/3 that nothing incriminating surfaced during course of investigation, on the basis of self confession. It has also been pointed out that the petitioner involved in three criminal cases, in which, he is on bail. It has further been submitted that absence of TIP is also creating a serious doubt, in the background of the fact of the case, as alleged. Learned APP, while opposing the prayer of bail, fairly conceded the fact that the name of the petitioner is not named in the F.I.R.

Considering the facts and circumstances as mentioned above, as name of the petitioner surfaced on the basis of selfconfession, leading no incriminating recovery which may connect petitioner with the present set of occurrence, let the petitioner, above named, is directed to be released on bail in connection with Roh P.S. Case No. 14 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st Class, Nawada / concerned court, subject to the following conditions:

"(i)That petitioner shall not involve in the similar nature of offence till the conclusion of trial, failing which, the State shall be at liberty to move before the

Patna High Court CR. MISC. No.16477 of 2022(3) dt.12-07-2022 3/3 Trial Court itself for the cancellation of bail bond of the petitioner.

(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be Putul Devi, who is the mother of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) S.Katyayan/ R.S.Sen/- U T