Sanoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32309 of 2021 Arising Out of PS. Case No.-319 Year-2020 Thana- KISHUNPUR District- Supaul ====================================================== Sanoj Kumar Son of Rajendra Yadav Resident of Village - Parikoch, P.S.- Nadi, Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-11-2021 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of Covid 19 pandemic, requiring social distancing.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kishanpur P.S. Case No. 319 of 2020 instituted for the offences under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 03.01.2021, charge-sheet has been submitted in the case and is a person with clean antecedent. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would

Patna High Court CR. MISC. No.32309 of 2021(2) dt.26-11-2021 2/3 manifest that the informant alleges that while he was going to his house by his pickup van, then three persons on a motorcycle overtook his vehicle and stopped his vehicle and took away his belongings and his pick-up van. It is further submitted that on hulla being raised, the police arrived and followed the accused persons. Later on, it was found that two miscreants were lying down in an injured condition and one of the injured accused was dead and the one who survived disclosed his name as Sanoj Kumar (petitioner).

Learned counsel for the petitioner submits that it was the informant who, by mistake, dashed the motorcycle of the accused, leading to the death of one accused person and injury to the present petitioner and when police came, the petitioner came to be implicated in the present false case by the informant in order to save himself.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 03.01.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two

Patna High Court CR. MISC. No.32309 of 2021(2) dt.26-11-2021 3/3 sureties of the like amount each to the satisfaction of learned C.J.M., Supaul in connection with Kishanpur P.S. Case No. 319 of 2020 subject to the condition as laid down under Section 437

(3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T