Sanjeet Das @ Sanjit Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38121 of 2023 Arising Out of PS. Case No.-96 Year-2022 Thana- SINGHESHWAR District- Madhepura ====================================================== SANJEET DAS @ SANJIT KUMAR DAS S/O DINESH DAS R/O VillageKabiyahi, PS. Shankarpur, Dist. Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 307/34 & 302 of the Indian Penal Code and Section 27 of Arms Act.

3. According to the FIR, prosecution case relates to commission of murder of the informant's son namely Promod Yadav by shot fire. Thereafter, the FIR has been lodged against unknown persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. The petitioner is not named in the FIR rather during course of investigation, he was arrested by the police on the basis of

Patna High Court CR. MISC. No.38121 of 2023(3) dt.01-08-2023 2/2 suspicion thereafter, he confessed his guilt in his self confessional statement before the police which is inadmissible in the eye of law. Except confession of the petitioner, no any consistent material has come on record to suggests the complicity of the petitioner. No one is eye witness of the alleged occurrence. It is further submitted that the petitioner is languishing in judicial custody since 17.10.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner has got six criminal antecedents.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Singheshwar P.S. Case No. 96 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ASJI, Madhepura.

(Sunil Kumar Panwar, J) Amandeep/- U T