Sanjeev Sah @ Sanjeev Kumar Sah @ Sanjeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34247 of 2020 Arising Out of PS. Case No.-71 Year-2020 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Sanjeev Sah @ Sanjeev Kumar Sah @ Sanjeev Kumar Son of Angad Sah Resident of Village- Maheshwara, P.S.- Nawkothi, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam, Advocate.
For O.P. No.2 :
Mr. Ashok Kumar, Advocate.
For the State :
Mr. Sunil Kumar Pandey, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-02-2021 Heard the parties.
The petitioner is languishing in custody for the offence punishable under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.
According to F.I.R., four persons came on a motorcycle at the house of the informant and after sometime coaccused Shivam and Rahul took the deceased Vijay Sahni on their motorcycle and proceeded. Thereafter, the petitioner along with Santosh left the place. Later on the informant came to know that someone has committed murder of Vijay by causing fire arm injury.
Learned counsel for the petitioner submits that during investigation it has come that Santosh Rajak had committed the
Patna High Court CR. MISC. No.34247 of 2020(3) dt.22-02-2021 2/3 fire arm injury and death. Parents of the deceased stated before the police that it was Santosh Rajak who was threatening the deceased to commit his murder. Reason for occurrence is that Santosh was in extra marital relationship with the sister of this petitioner.
There is no reason that the petitioner would commit murder of the person who was aware of the relationship rather the petitioner might have some grudge against co-accused Santosh Rajak.
Learned counsel for the informant opposed the prayer for bail.
Considering no direct material against the petitioner and no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Nawkothi P.S. Case No. 71 of 2020, with following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to
Patna High Court CR. MISC. No.34247 of 2020(3) dt.22-02-2021 3/3 cancel the bail bond of the petitioner.
(c) The petitioner shall not leave the country without permission of the trial Court.
(Birendra Kumar, J) mantreshwar/- U T