Sanjay Singh @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16674 of 2020 Arising Out of PS. Case No.-54 Year-2018 Thana- MASAUDHI District- Patna ====================================================== SANJAY SINGH @ SANJAY KUMAR Son of Shiv Nandan Singh Resident of Village - Nutan Nagar Gali No. 2 B, P.S.- Civil Line, District- Gaya ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satish Chandra For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-09-2020 This case has been heard through video-conferencing. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Masaurhi P.S. Case No. 54 of 2018 registered for the offences punishable under Sections 302, 201 & 120B/34 of the Indian Penal Code pending in the Court of learned Judicial Magistrate 1st Class, Masaurhi.

While the informant was on Gasti, he received informant that one unknown female dead body was lying in the field of Dhanichak village. When the informant reached there he found that several villagers were assembled at that place and one unknown female dead body was lying in the filed of Abhimanyu Kumar and Mukesh in village Nura. The blood was

Patna High Court CR. MISC. No.16674 of 2020(3) dt.10-09-2020 2/3 oozing from her neck. Thereafter, he informed to the Officerin-Charge of Masaurhi Police Station and the F.I.R. was instituted against the unknown.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The F.I.R. is against the unknown. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that except the confessional statement of the coaccused nothing is against the petitioner. No witness has named the petitioner as a person involved in the occurrence. Petitioner has no criminal antecedent.

Learned APP for the State vehemently opposing the bail petition submitted that the petitioner in association with other co-accused has slated the neck of the deceased and threw her dead body in a field. Hence, the petitioner does not deserve anticipatory bail.

Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seek

Patna High Court CR. MISC. No.16674 of 2020(3) dt.10-09-2020 3/3 regular bail and the learned Court below would pass order on the same very day in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) Trivedi/- U T