Sanjit Kumar @ Sandip v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44103 of 2021 Arising Out of PS. Case No.-148 Year-2020 Thana- RIGA District- Sitamarhi ====================================================== SANJIT KUMAR @ SANDIP Son of Nageshwar Sah Resident of Village - Basantpur Pakri, P.S. - Riga, Dist. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Praveen, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 307 and other sections of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that the petitioner stabbed him with a knife in his stomach and escaped. He was brought by the villagers to Sitamarhi. He further states that he is alright. The cause of altercation is said to be a fake note of Rs.200/ which was given by the petitioner to the informant.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The

Patna High Court CR. MISC. No.44103 of 2021(6) dt.31-03-2022 2/3 occurrence took place in a manner other than what has been narrated in the F.I.R. Even accepting the allegations in the F.I.R. to be true for the sake of argument, from the post-mortem report (Annexure-2), it would transpire that the informant died 15 days later and the cause of death in the opinion of the doctor was due to shock and complications as a result of septicemia. The petitioner is in custody since 6.6.2020. It is further submitted that a supplementary affidavit has been filed online stating therein that charges have been framed in the learned trial court on 24.3.2022.

As the copy of the supplementary affidavit is not available on record, the petitioner is permitted to file the original supplementary affidavit. Let the same be kept on record.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the contents of the post-mortem report, charges having been framed in the learned trial court and the petitioner having remained in custody since 6.6.2020, the Court directs the petitioner to be enlarged on bail in connection with Riga P.S. Case no.148 of 2020 (G.R. no.1850/2020) on furnishing bail bond of Rs.10,000/ (Rupees

Patna High Court CR. MISC. No.44103 of 2021(6) dt.31-03-2022 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sitamarhi.

(Partha Sarthy, J) Saurabh/- U T