Sanjay Kumar @ Prof. Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53446 of 2015 Arising Out of PS.Case No. -25 Year- 2013 Thana -PURANHIA District- SHEOHAR ======================================================

1. Sanjay Kumar @ Prof. Sanjay Kumar son of late Jag Raut, resident of village & P.S.- Bathuwariya, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-11-2015 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 427, 436, 341, 323 of the Indian Penal Code, 17 of the Criminal Law Amendment Act and 27 of the Arms Act. The prosecution case is that on 07.04.2013, 20-25 unknown miscreants put the mobile tower on fire, leading to registration of First Information Report against 20-25 unknown. The name of the petitioner sprang up during investigation on confession of Rajeev Kumar, Sanjay Patel and Bijay Ram, who confessed their involvement in the occurrence, disclosing the name of the petitioner being member of M.C.C. It is submitted by the learned counsel for the petitioner that even assuming the confession of co-accused, no

Patna High Court Cr.Misc. No.53446 of 2015 (2) dt.24-11-2015 case is made out against the petitioner. The petitioner is lecturer in a College and the Character Certificate has been issued by the College. The impugned order does not suggest the complicity of the petitioner in the occurrence. It is further submitted that only on the basis of confession of co-accused the petitioner has been made accused.

The aforesaid facts constitute ground for consideration of prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Purnahiya P.S. Case No. 25 of 2013, pending in the court of learned Chief Judicial Magistrate, Sheohar.

With this observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T