Sanjay Kumar @ Sanju Prasad @ Sanju v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30285 of 2021 Arising Out of PS. Case No.-262 Year-2019 Thana- PUNPUN District- Patna ====================================================== Sanjay Kumar @ Sanju Prasad @ Sanju S/o Kodh Yadav @ Anuplal Yadav R/o Village- Sabalpur, P.S- Punpun, District- Patna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Narayan For the Opposite Party/s :
Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
13-08-2021 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Punpun P.S. Case No. 262 of 2019 (G.R. No. 1176 of 2019), registered for the offence under Sections 302, 120(B) & 34 of the Indian Penal Code. As per the prosecution case, the son of the informant, who was having relation with a girl namely Anshu Kumari of a different religion, had gone to her village and thereafter, it is alleged that all the FIR named accused persons committed the murder of son of the informant.
Petitioner is not named in the FIR. Name of the petitioner has surfaced during course of investigation in the confessional statement made by Anshu Kumari under Section 161 of the Cr.P.C. that this petitioner was one of the participants,
Patna High Court CR. MISC. No.30285 of 2021(2) dt.13-08-2021 2/3 who killed the son of the informant. Save & except this, there is no incriminating material against this petitioner. It is further submitted that other co-accused persons, having similar allegation, have already been granted bail by this Court, vide orders annexed as Annexure - 5 to the bail petition. Petitioner is in custody since 06.12.2020.
Learned A.P.P. for the State has opposed the bail petition.
Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released 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 Judicial Magistrate 1st Class, Masaurhi, District - Patna in connection with Punpun P.S. Case No. 262 of 2019 (G.R. No. 1176 of 2019), on the following conditions:
"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for
Patna High Court CR. MISC. No.30285 of 2021(2) dt.13-08-2021 3/3 cancellation of bail."
(Prabhat Kumar Singh, J.) anay U T