Sujeet Kumar @ Sujeet Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24646 of 2024 Arising Out of PS. Case No.-168 Year-2023 Thana- SINGHWARA District- Darbhanga ====================================================== Sujeet Kumar @ Sujeet Mahto S/o Shiv Mahto R/o vill - Mataiya, P.s. - Vaishali, Distt. - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurav Anand, Adv.
For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Singhwara P.S Case No. 168 of 2023 registered for the offences punishable under Sections 328 and 379 of the I.P.C.
3. As per prosecution case, FIR has been lodged against four unknown accused persons.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner is not named in FIR and no Test Identification Parade was held during the
Patna High Court CR. MISC. No.24646 of 2024(2) dt.05-04-2024 2/3 investigation. It is next submitted that one of the coaccused has already granted bail by the Co-ordinate Bench of this Court vide order dated 02.04.2024 passed in Cr. Misc. No. 21098 of 2024. It is also submitted that petitioner is in judicial custody since 13.01.2024.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M IV, Darbhanga in connection with Singhwara P.S Case No. 168 of 2023
7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-
Patna High Court CR. MISC. No.24646 of 2024(2) dt.05-04-2024 3/3 sheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) Mayank/- U T