Sanjay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17306 of 2015 Arising Out of PS.Case No. -50 Year- 2014 Thana -SANJHAULI District- SASARAM (ROHTAS) ====================================================== SANJAY KUMAR SINGH SON OF LATE BRIJ BIHARI SINGH, RESIDENT OF VILLAGE- DIHRA, P.S.- BIKRAMGANJ, DISTRICTROHTAS. .... .... PETITIONER/S
VERSUS
THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Ray, Adv. For the Opposite Party/s : Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 23-06-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.
Office is directed to get photocopy of para-79 of the case diary and place the matter before Standing Committee for taking appropriate disciplinary action against the then SDJM, Bikramganj along with the Magistrate who was deputed by him to conduct T.I. Parade as well as the Bench Clerk / Office Clerk who refused to entertain a petition filed by the Investigating Officer and on account thereof, T.I. Parade was not conducted and that has compelled this Court to release the petitioner on bail for want of sufficient evidence.
Informant, a Principal while was in a way after withdrawing Rs.79,000/- was looted by the miscreant on the point of firearm who succeeded in snatching the aforesaid amount including his personal one totaled Rs.82,000/-. From para-19 of
Patna High Court Cr.Misc. No.17306 of 2015 (3) dt.23-06-2015 the case diary it is apparent that conduct of one person was found suspicious during course of screening of footage. As per para-45, petitioner including others was apprehended along with firearm and for that Dawath P.S. Case No.100 of 2014 was registered and after tallying the photograph, Hajari Paswan was found to be in the video footage. Furthermore, all the apprehended accused were interrogated wherein they all made inculpatory extra judicial statement however, without any recovery as well as without having any corroborative piece of evidence though charge sheet had already been submitted.
Presence of chequered history of the petitioner is not found sufficient to barricade his prayer of bail in the background of aforesaid infirmities. That being so, petitioner Sanjay Kumar Singh is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned SDJM, Bikramganj, Rohtas in connection with Sanjhauli P.S. Case No.50 of 2014. (Aditya Kumar Trivedi, J.) PN/- U T