Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2141 of 2020 Arising Out of PS. Case No.-29 Year-2020 Thana- SC/ST District- Lakhisarai ====================================================== SANJAY KUMAR, Son of Narayan Saw Resident of Village - Bikrampur, P.S.- Kajra, Distt.- Lakhisarai.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rajive Ranjan Singh For the Respondent/s :

Mr. Vinay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-01-2021 Heard Mr. Sunil Kumar Singh, learned counsel for the appellant and Mr. Vinay Krishna, learned Special Public Prosecutor for the State.

The learned counsel for the appellant prays for correction of a mistake in prayer portion. Instead of SC/ST Lakhisarai P. S. Case No. 29 of 2020, Kajra P. S. Case No. 29 of 2020 has been typed.

Let the same be read as SC/ST Lakhisarai P. S. Case No. 29 of 2020.

This appeal is directed against the order dated 05.09.2020, in connection with B. P. No. 836 of 2020, arising out of SC / ST Lakhisarai P. S. Case No. 29 of

Patna High Court CR. APP (SJ) No.2141 of 2020(2) dt.05-01-2021 2/3 2020 dated 29.06.2020, passed by the learned 1st Additional District and Sessions Judge - cum - Special Judge, Lakhisarai, whereby the prayer for grant of bail has been rejected.

The appellant along with another is said to have assaulted the informant and divested him from his personal belongings.

The appellant is in custody since 27.08.2020. It has further been submitted that the appellant is a student with a bright future.

Apart from this, it has been submitted that the occurrence took place on 27.06.2020 at 06.00 P.M. but the F.I.R. has been registered on 29.06.2020 at 04.00 P.M. i.e. after delay of two days.

Regard being had to the nature of accusation and the period of custody of the appellant, the order dated 05.09.2020, in connection with B. P. No. 836 of 2020, arising out of SC / ST Lakhisarai P. S. Case No. 29 of 2020 dated 29.06.2020, passed by the learned 1st

Patna High Court CR. APP (SJ) No.2141 of 2020(2) dt.05-01-2021 3/3 Additional District and Sessions Judge - cum - Special Judge, Lakhisarai, is set aside.

The appellant, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge - cum - Special Judge, Lakhisarai in connection with B. P. No. 836 of 2020, arising out of SC / ST Lakhisarai P. S. Case No. 29 of 2020 .

The appeal stands disposed off accordingly.

(Ashutosh Kumar, J) skm/- U T