Sanjay Kumar Singh @ Sanjeev Kumar Singh @ Mangla @ Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30450 of 2022 Arising Out of PS. Case No.-22 Year-2021 Thana- KHAJAULI District- Madhubani ====================================================== SANJAY KUMAR SINGH @ SANJEEV KUMAR SINGH @ MANGLA @ MANDAL SON OF VIJAY SINGH R/O VILLAGE- SELRA, P.S.- JAYNAGAR, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Malay Kumar Choudhary For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304 and 201 read with 34 of the Indian Penal Code.

As per the prosecution case, the nephew of the informant, co-villager Bishambhar and co-accused Santosh Kumar Jha, went towards Uttari on two cycles. When the informant's nephew and co-villager Bishambhar did not return till night, the informant and other villagers started searching

Patna High Court CR. MISC. No.30450 of 2022(2) dt.26-09-2022 2/3 them. The next day they were informed that two dead bodies have been found in the field of the co-accused which was identified as the nephew of the informant and co-villager Bishambhar. Later it was found that the co-accused Santosh Kumar Jha returned to his house at 12'o clock and on being asked about the two deceased persons, he told that in Tehra village dispute arose between them and he became injured and the Informant's nephew and co-villager Bishambhar fled away. It is further alleged that the said two dead bodies were dragged from the field of the petitioner to the farm of the co-accused Rambabu Singh. The field of the petitioner is fenced with live electric wire having electric current.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The learned counsel has further submitted that the charge-sheet has already been submitted against the petitioner under sections 304 and 201 read with 34 of the IPC and accordingly cognizance was also taken against the petitioner under the aforesaid sections. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.03.2022.

Patna High Court CR. MISC. No.30450 of 2022(2) dt.26-09-2022 3/3 Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that as per the post-mortem report, the cause of death is due to ventricular fibrillation due to electric shock.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, Madhubani in connection with Khajauli P.S. Case No. 22 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) niku/- U T