Sanjiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34354 of 2020 Arising Out of PS. Case No.-583 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Sanjiv Kumar, aged about 20 years, Male, S/o Daroga Mahato R/o villageThathan, Buzurg, P.S.- Sadar (Hajipur), District- Vaishali ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Yugal Kishore, Advocate Ms. Rupa Kumari, Advocate For the State :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Stamp Reporter, within three weeks.

Heard both sides.

The petitioner seeks bail in Hajipur Sadar P.S. Case No.583 of 2019, registered under Sections 392 and 412 of the Indian Penal Code.

The informant lodged the case against unknown for looting his pick-up van loaded with goods. On the basis of the GPS fitted in the pick-up van, the pick-up van was found parked in the premises of Shankar Rai. Shankar Rai disclosed that his maternal grandson, namely, Ajit Kumar brought the pick-up van and parked at his Darwaza. Ajit Kumar is said to have confessed his guilt and disclosed the name of the petitioner. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. Save and except the fact that the name of the petitioner surfaced in the case in the confessional statement of Ajit Kumar, there is no tangible

Patna High Court CR. MISC. No.34354 of 2020(3) dt.05-02-2021 2/2 material against the petitioner. The petitioner has not been put on TIP. Similarly situated co-accused Md. Ashiph has already been granted bail vide order passed in Cr. Misc. No.31387 of 2020. The case of the petitioner stands on the same footing and petitioner is in jail since 12.06.2020.

Having regard to the facts that the name of the petitioner surfaced in the case in the confessional statement of co-accused Ajit Kumar, but petitioner was not put on TIP although the informant claimed to identify the accused persons and nothing has been recovered from possession of the petitioner, petitioner, namely, Sanjiv Kumar is directed to 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 the learned C.J.M., Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No.583 of 2019. (Prabhat Kumar Jha, J) S.KUMAR/- U T