Sanjay Kumar Sah @ Sanjay Singhaniya @ Sanjay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19840 of 2023 Arising Out of PS. Case No.-234 Year-2022 Thana- JAYNAGAR District- Madhubani ====================================================== Sanjay Kumar Sah @ Sanjay Singhaniya @ Sanjay Sah, Son of Ramaprit Sahu @ Rampreet Sah Resident of Village - Korahiya, P.S.- Jaynagar, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Jaynagar P.S. Case No. 234 of 2022 dated 21.07.2022 corresponding to G. R. No. 1194 of 2022 registered for the offences punishable u/s 399 and 402 of the Indian Penal Code and u/s 25(1-B)A, 26 and 35 of the Arms Act.

As per the prosecution case, the petitioner and the co-accused persons are alleged to have assembled for making

Patna High Court CR. MISC. No.19840 of 2023(2) dt.22-05-2023 2/3 preparation to commit dacoity. The policy raided the place of occurrence and the petitioner and the co-accused persons started to flee away but six persons were apprehended. The petitioner fled away from the spot. It is further alleged that the magazine has been recovered from the possession of the petitioner. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in this case in the confessional statement of the co-accused persons namely Gurudeo Kumar and Amarjeet Yadav. He has further submitted that the petitioner has been remanded in this case from Babubarhi P.S. Case No. 225 of 2022. The co-accused person has already been granted bail by the Coordinate Bench of this court vide order dated 28.03.2023 passed in Cr. Misc. No. 1630 of 2023. The petitioner is accused in six other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 17.10.2022.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond

Patna High Court CR. MISC. No.19840 of 2023(2) dt.22-05-2023 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Jaynagar P.S. Case No. 234 of 2022 corresponding to G.R. No. 1194 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T