Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73655 of 2018 Arising Out of PS. Case No.-202 Year-2017 Thana- EKANGARSARAI District- Nalanda ====================================================== Sanjay Kumar, S/o Varesh Yadav @ Viresh Yadav, Resident of villageDeepnagar, Police Station-Deepnagar, District-Nalanda ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sunil Prasad For the Opposite Party/s :

Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-12-2018 Heard both sides.

The petitioner seeks bail in Ekangarsarai P.S. Case No.202 of 2017 registered under Section 302 and other Sections of the Indian Penal Code.

The informant alleged that on the crying of his father, he came out from his house and saw six persons having armed with different weapons including the petitioner fleeing from the place of occurrence.

The learned counsel for the petitioner submits that the petitioner is not the resident of the same village. Petitioner happens to be brother-in-law of Sachin Kumar. Three accused persons namely, Sachin Kumar, Naresh Prasad and Mithlesh Prasad have already been granted regular bail by a Bench of this Court vide order dated 19.09.2018 passed in Cr. Misc. No.46804

Patna High Court Cr.Misc. No.73655 of 2018(2) dt.12-12-2018 2/2 of 2018. The case of the petitioner stands on the same footing. On perusal of F.I.R., it appears that of course the petitioner is named along with other five accused persons but no specific allegation is made against the petitioner. Petitioner happens to be brother-in-law of Sachin Kumar. Sachin Kumar, Naresh Prasad and Mithlesh Prasad have already been enlarged on bail. The case of the petitioner stands on the same footing. Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Hilsa(Nalanda) in connection with Ekangarsarai P.S. Case No.202 of 2017.

(Prabhat Kumar Jha, J) Saurabh/- U