Sanjay Singh @ Sanju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3234 of 2018 Arising Out of PS.Case No. -74 Year- 2014 Thana -AMNAUR District- SARAN ====================================================== Sanjay Singh @ Sanju Singh, son of Late Rambeni Singh, resident of Village- Amnaur Jan, P.S.- Amnaur, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 01.06.2017 in connection with Amnaur P.S. Case No. 74 of 2014 for offences punishable under Sections 341, 342, 324, 307, 379, 328 and 120B of the Indian Penal Code later on Section 302 of the I.P.C. was added.

The prosecution case, as lodged by the informant, is that while he was returning home the petitioner and Awadhesh Singh and another Awadhesh Singh @ Mama forcibly took him to the house of Awadhesh Singh and assaulted him. Specific allegation is upon Awadhesh Singh @ Mama of hitting by knife

Patna High Court Cr.Misc. No.3234 of 2018 (4) dt.16-02-2018 2/3 and also on the neck. Allegation upon the petitioner is of giving lathi and danda blow.

It has been submitted by the learned counsel for the petitioner that he is innocent and no knife blow was administered by him as the main assailant is Awadhesh Singh @ Mama. He submits that another Awadhesh Singh has been granted the privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 41865 of 2015 on 03.11.2015 and that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged 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 Additional Session Judge-IXth, Saran at Chhapra in connection with Amnaur P.S. Case No.74 of 2014, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who

Patna High Court Cr.Misc. No.3234 of 2018 (4) dt.16-02-2018 3/3 will file an affidavit stating his relationship with the petitioner.

(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T