Sanjeev Sah @ Bantha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24639 of 2025 Arising Out of PS. Case No.-333 Year-2022 Thana- SAMASTIPUR District- Samastipur ====================================================== Sanjeev Sah @ Bantha S/o- Lal Bahadur Mahto @ Lal Bahadur Sah R/vKamsaur PS- Belsand Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar, Advocate For the Opposite Party/s :
Mrs.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Sessions Trial No. 117 of 2024, arising out of Samastipur (Town) P.S. Case No. 333 of 2022 registered for the alleged offences under Section 395 of the Indian Penal Code.
3. As per prosecution case, the miscreants entered into the house of the informant by breaking open the door in the night and giving threats they took away 500 gm of gold ornaments, Rs.40,000/- cash and other silverware. The miscreants also took away DVR of CCTV apart from mobile phones.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.24639 of 2025(2) dt.30-04-2025 2/3 the petitioner is innocent and has been falsely implicated in this case. The petitioner is not named in the FIR. The name of the petitioner transpired in the confessional statement of co-accused Deepu Kumar and Ayush. There is no substantive material against the petitioner to connect him with the offence as alleged who has not been put to Test Identification Parade and nothing incriminating has been recovered from his possession Further, similarly placed co-accused persons Shyam Rai, Md. Dulare and Md. Ekramul have been allowed by Co-ordinate Benches in Cr. Misc. Nos. 30374 of 2024, 81822 of 2023 and 11211 of 2024, respectively. The petitioner is in custody since 20.07.2023 and charges have been framed on 03.04.2024. The petitioner is having criminal antecedent of two cases.
5. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that the name of the petitioner transpired during investigation for being involved and committing dacoity in the house of the informant.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the framing of charge and period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
Patna High Court CR. MISC. No.24639 of 2025(2) dt.30-04-2025 3/3 sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-1st, Samastipur/concerned Court in connection with Sessions Trial No. 117 of 2024, arising out of Samastipur (Town) P.S. Case No. 333 of 2022, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T