Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46202 of 2021 Arising Out of PS. Case No.-47 Year-2020 Thana- MATIHANI District- Begusarai ====================================================== SANJEEV KUMAR S/o Chandra Shekhar Resident of Village- Ratanpur, P.S.- Town (Ratanpur O.P.), ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 353 and 34 of the Indian Penal Code and sections 25(1-B)(a), 26, 27 and 35 of the Arms Act.

As per the prosecution case, the three accused persons were coming on a motorcycle with pistol in their hand. They are said to have fired on the police personnel. Ultimately while one of them was caught two of the accused persons including the petitioner herein managed to escape.

It is submitted by learned counsel for the petitioner that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession.

Patna High Court CR. MISC. No.46202 of 2021(2) dt.03-02-2022 2/2 The only material against him is the statement of a co-accused made before police. The petitioner is in custody since 8.2.2021 and charge sheet has been submitted in the case. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case including the petitioner having remained in custody for over 11 months, the Court directs the petitioner to be enlarged on bail in connection with Matihani P.S. Case no. 47 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Begusarai.

(Partha Sarthy, J) Prakash/- U