Sanjeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34867 of 2023 Arising Out of PS. Case No.-177 Year-2021 Thana- FATUA District- Patna ====================================================== SANJEEV KUMAR SON OF LATE BALESHWAR SINGH RESIDENT OF VILLAGE- JAGGUBIGHA, PS- FATUHA, DISTT- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Anand, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 302, 147, 148, 149 of the Indian Penal Code and 27 Arms Act.
3. As per the prosecution case, co-accused Kundan Kumar fired upon the wife of informant and when she was taken to hospital doctor declared her dead.
4. It is submitted that petitioner is alleged to be only member of the mob. There is no specific overt act alleged against against this petitioner. Specific accusation of causing death is against Kundan Kumar. It is further submitted that during trial co-accused namely Chandan Yadav , Kundan kumar, Ram
Patna High Court CR. MISC. No.34867 of 2023(2) dt.27-07-2023 2/2 Sagar Singh, Vinay Singh, Mukesh Singh have been acquitted in this case vide judgement dt. 22.09.2022 passed by Learned A.D.J. 1st Patna city in S. Tr. No. 487 of 2021. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Learned A.C.J.M. 1st Patna city in connection with Fatuha P.S. case no 177 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T