Sujit Kumar @ Laldhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17150 of 2025 Arising Out of PS. Case No.-279 Year-2020 Thana- SHEKHPURA District- Sheikhpura ====================================================== Sujit Kumar @ Laldhar Son of Bhuneshwar Mahto R/O Vill- Surdaspur, P.S.- Sheikhpura, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Nandan Prasad, Advocate Mr. Rajnish Kumar, Advocate Ms. Sweta Burnwal, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Sheikhpura P.S. Case No. 279 of 2020 registered for the offences under Sections 302, 201 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, husband of the informant was shot dead by unknown persons and the informant named coaccused Arif Miyan for being involved in the occurrence due to previous land dispute. The name of the petitioner transpired during investigation.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner has been named in this case

Patna High Court CR. MISC. No.17150 of 2025(3) dt.15-05-2025 2/3 merely on suspicion on the basis of call detail reports as the petitioner had talked with the deceased at 2 PM. But the deceased was the cousin of the petitioner and they were land brokers who called each other every day. Even the location of the mobile phone of the petitioner was not found near the place of occurrence as it was found that the mobile phone of co-accused Anirudh Kumar was in the same location. Further, nothing incriminating has been recovered from the person or possession of this petitioner. The petitioner has been named in this case without any substantive material against him. Petitioner is in custody since 15.01.2025 and charge-sheet has been submitted. Petitioner is having clean antecedent. Co-accused Arif Miyan and Chandan Kumar have been granted bail by a Co-ordinate Bench of this Court vide order dated 22.02.2022 passed in Cr. Misc. No. 32350 of 2021 and order dated 26.03.2025 passed in Cr. Misc. No. 17267 of 2025, respectively.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner. Learned APP submits that petitioner and others were found involved in the occurrence due to land dispute.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegation against the petitioner without any substantive material and also considering the clean antecedent of

Patna High Court CR. MISC. No.17150 of 2025(3) dt.15-05-2025 3/3 the petitioner along with his period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sheikhpura/concerned court in connection with Sheikhpura P.S. Case No. 279 of 2020, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T