Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19542 of 2020 Arising Out of PS. Case No.-371 Year-2019 Thana- KATIHAR District- Katihar ====================================================== SANJAY KUMAR S/o Raj Kumar Sah Resident of Village-KehuniyaPranpur, P.S.-Pranpur, District-Katihar at present residing at Mohalla-Naya Tola, (Fulwari), P.S.-Katihar (T), District-Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh, Adv For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-04-2021 Heard the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

The FIR of the occurrence of murder is against unknown. The learned court below, while refusing prayer for bail, has relied on paragraph-11,12,37,48 and 49 of the case diary.

The petitioner has stated on oath that name of the petitioner does not appear in those paragraphs. If that is a fact, let the petitioner, above named, be released on bail, for the reason that investigation of the case is already complete and there is no material to substantiate that the

Patna High Court CR. MISC. No.19542 of 2020(2) dt.05-04-2021 2/2 petitioner is going to tamper with the evidence, on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No.41/2020 (arising out of Katihar (Town) Police Station Case No.371 of 2019) with following conditions: (a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T