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Patna High CourtCR. MISC./26516/2022bail granted

Sanoj Kumar @ Sanoj Yadav v. The State Of Bihar

2022-11-14Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26516 of 2022 Arising Out of PS. Case No.-906 Year-2021 Thana- ARA NAGAR District- Bhojpur ====================================================== Sanoj Kumar @ Sanoj Yadav Son Of Shiv Dayal Singh @ Sheo Dayal Singh R/O Muhalla- Ahirpurwa, P.S.- Ara Town, District- Bhojpur, Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Malti Kumari, Adv.

For the Opposite Party/s :

Mr. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-11-2022 Let the defect(s), if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Ara Town P.S. Case No. 906 of 2021 lodged under Sections 302/34 of the I.P.C. read with Section 27 of Arms Act. As per the prosecution case, the case has been filed against 2 unknown accused persons against which the allegation of murder of the informant's father is there in the F.I.R. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. Counsel submits that the petitioner has been remanded in this case and on the basis of confessional statement, police has filed charge sheet against him

Patna High Court CR. MISC. No.26516 of 2022(4) dt.14-11-2022 2/3 alongwith other 4 accused persons. Counsel further submits that by virtue of the confession, no relevant material has been recovered from his possession nor he was put on T.I.P. Counsel submits that petitioner is in custody since 31.01.2022. There is one criminal case pending against him in which he is on bail. He submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court. Learned counsel for the State opposes the prayer for bail and after going through the case diary, submits that except confessional statement, there is no material against the petitioner in this case.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Ara Town P.S. Case No. 906 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates

Patna High Court CR. MISC. No.26516 of 2022(4) dt.14-11-2022 3/3 without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T