Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33180 of 2024 Arising Out of PS. Case No.-354 Year-2023 Thana- RAJAOLI District- Nawada ====================================================== Sanjay Singh S/o Tuklal Singh R/O Village Chatakari P.S. Rajauli District Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shankar Kumar, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sessions Trial No. 140 of 2024, arising out of Rajauli P.S. Case No. 354 of 2023, instituted for the offences punishable under Section 365 of the Indian Penal Code, later on Section 364, 302, 201 and 120(B) of the Indian Penal Code were added.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of being involved in the alleged kidnapping of the husband f the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not

Patna High Court CR. MISC. No.33180 of 2024(2) dt.30-04-2024 2/2 named in the F.I.R. and his name has surfaced in this case in course of investigation on the basis of confessional statement of the co-accused Suresh Yadav which has no evidentiary value. There is delay of two days in lodging the F.I.R. The petitioner is in custody since 28.06.2023 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted bail by this Court vide order dated 20.04.2024 passed in Cr. Misc. No. 77892 of 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sessions Trial No. 140 of 2024, arising out of Rajauli P.S. Case No. 354 of 2023. (Rudra Prakash Mishra, J) Rajorshi/- U T