Sanjeet Ram @ Sanjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27589 of 2020 Arising Out of PS. Case No.-433 Year-2019 Thana- HARNAUT District- Nalanda ====================================================== SANJEET RAM @ SANJIT KUMAR Son of Late Jugi Ram Resident of Village- Balwapar, P.S.- Harnaut (Kalyan Bigha O.P.), District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar, Advocate For the Opposite Party/s :
Mr. Additional Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-10-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.
Petitioner seeks bail in a case registered for the offence punishable under Sections 341, 325, 307/34 and 302 of Indian Penal Code.
The prosecution case in brief is that, on 18.10.2019 at about 6:30 A.M., the informant (Dipak Kumar) got information through his brother (Pawan Kumar) on mobile that his father, namely, Mahesh Singh, was seriously injured by some unknown persons. It is further alleged that, the father of the informant had received call from co-accused Manoranjan Kumar @ Sipahi. It is further alleged that Sanjit Ram (Petitioner) had been called on phone by informant's father. Informant died during the course of treatment.
Patna High Court CR. MISC. No.27589 of 2020(2) dt.19-10-2020 2/3 It is submitted by learned counsel for the petitioner that the petitioner is not named in the F.I.R. There is no eye witness to the occurrence. Save and except suspicion, there is nothing against the petitioner. It is further submitted that, in fact, deceased, who made call to the petitioner and ask him to come itself indicates that petitioner cannot be attributed any motive for being a party to assault the deceased. Co-accused, namely, Manoranjan Kumar @ Sipahi Jee has already been granted bail vide order dated 08.07.2020 passed in Cr. Misc. No. 21741 of 2020 by this Hon'ble Court. It is stated by learned counsel for the petitioner in paragraph 3 of the bail petition that petitioner has got no criminal antecedent. Petitioner is in custody since 28.10.2019.
Considering the facts of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Nalanda at Biharsharif in Harnaut (Kalyan Bigha O.P.) Police Station Case No. 433 of 2019 on the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.27589 of 2020(2) dt.19-10-2020 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J) Ankit/- U T