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Patna High CourtCR. MISC./30581/2020bail granted

Sanjay Kumar Singh @ Sanjay Kumar @ Sanjay Rai v. The State Of Bihar

2021-01-22Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30581 of 2020 Arising Out of PS. Case No.-277 Year-2019 Thana- DIDARGANJ District- Patna ====================================================== 1.

SANJAY KUMAR SINGH @ SANJAY KUMAR @ SANJAY RAI S/o Laldeo Rai Resident of Village- Didarganj check Post, P.S.- Didarganj, Districct- Patna.

2.

Birla Rai @ Birbal Rai Son of Ram Dayal Rai Resident of VillageDidarganj check Post, P.S.- Didarganj, Districct- Patna. 3.

Rudal Rai Son of Ram Dayal Rai Resident of Village- Didarganj check Post, P.S.- Didarganj, Districct- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kr. Jha, Adv.

Mr. Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Aditya Narain Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-01-2021 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Didarganj P.S. Case No. 277 of 2019, registered under sections 147, 148, 149, 341, 323, 354 B, 307, 379, 504 and 506 of the Indian Penal Code and sections 8 and 12 of the POCSO Act.

As per allegation in the FIR, it is stated that the thirteen named accused persons including the three petitioners herein used to misbehave with the informant and others. There is allegation of assault on the father and uncle of the informant. It is submitted by learned counsel for the petitioners that the allegations as levelled in the FIR are false and

Patna High Court CR. MISC. No.30581 of 2020(3) dt.22-01-2021 2/2 concocted. No injury has been caused to any person contrary to the allegations made in the FIR. The petitioners have no criminal antecedent and their case stands on a similar footing to that of seven others, who have been enlarged on bail vide order dated 21.1.2020 (Annexure-3) passed in Cr. Misc. No. 3892 of 2020.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the grant of bail to the co-accused, the Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of six weeks from today and in the event of their arrest or surrender in connection with Didarganj P.S. Case no. 277 of 2019, they will be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-1, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) sushma/- U T