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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40269 of 2021 Arising Out of PS. Case No.-574 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== SANJAY KUMAR @ SANJAY KUMAR SINHA S/o Balmiki Prasad Resident of Village- Sarmera, P.S.- Sarmera in the District of Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

Mr. Manoj Vatsal, Adv.

Mr. Rajeev Ranjan, Adv.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 120B and 34 of the Indian Penal Code.

As per the prosecution case, the petitioner, who happens to be the brother of the informant, along with his wife had taken the son of the informant to his in-laws place where the son of the informant was poisoned to death by the accused persons.

It is submitted by learned counsel for the petitioner that from the F.I.R. itself, it would transpire that the informant and the petitioner are full brothers and the deceased was the nephew of the petitioner. The allegations against the petitioner

Patna High Court CR. MISC. No.40269 of 2021(4) dt.22-02-2022 2/2 are false and concocted. There is no reason for the petitioner to commit such a crime. There are no eye witness to the occurrence nor any material has transpired in course of investigation to connect the petitioner with the alleged crime. The petitioner is in custody since 4.2.2021 and has no criminal antecedent. Chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case including the investigation having been concluded and the petitioner having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Lakhisarai (Ramgarh) P.S. Case no.574 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai.

(Partha Sarthy, J) Saurabh/- U T