Sanjeev Kumar Singh @ Babloo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45300 of 2021 Arising Out of PS. Case No.-87 Year-2021 Thana- DANAPUR District- Patna ====================================================== Sanjeev Kumar Singh @ Babloo, S/O Late Sharda Nand Singh, Resident of New Mainpura, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar, Advocate Mr. Rikesh Sinha, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-02-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner, who is in custody since 23.02.2021, seeks regular bail in connection with Danapur P.S. Case No. 87 of 2021, registered for the offences punishable under Sections 326, 307, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, in brief, is that while the informant was walking at about 5.30 am, two unknown miscreants came and shot him in his left portion of the back and

Patna High Court CR. MISC. No.45300 of 2021(2) dt.14-02-2022 2/3 fled away. Informant has raised suspicion against one coaccused who is brother in law of accused Sunil Kumar son of the informant who had demanded partition.

Learned counsel appearing on behalf of the petitioner submits that the informant has inimical term with his son and when no amicable settlement with respect to the partition of family on the basis of false allegation has been made accused in the present case. Petitioner is the friend of the brother in law of his son. The son of the informant against whom there is direct allegation has already been released on bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 42512 of 2021 vide order dated 28.10.2021. Nothing incriminating article has been recovered from the possessions of the petitioner Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case and primafacie it appears that there is dispute between informant and his son. Petitioner is friend of the brother-in-law of the son of the informant. The son of the informant has already been released on bail. Petitioner is in custody since 23.02.2021 merely on the basis of suspicion has made out a case to be released on bail. Let the petitioner, above

Patna High Court CR. MISC. No.45300 of 2021(2) dt.14-02-2022 3/3 named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-Ist, Danapur, Patna in connection with Danapur P.S. Case No. 87 of 2021, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) ravishankar/- U T