Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35421 of 2020 Arising Out of PS. Case No.-138 Year-2020 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Sanjay Kumar Son of Jai Narayan Sao Resident of Village-Jagdar Bazar, Ward No. 7, P.S.-Parihar, Dist-Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-03-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Runnisaidpur Police Station Case No. 138 of 2020, registered for the offence punishable under Sections 302/394/307 of the Indian Penal Code and Section 27 of the Arms Act. The allegation, as per the First Information Report, is that on 18.03.2020, at about 07:50 PM, the husband of the informant, Anil Mahto, along with his friend, Binay Sah, was going on motorcycle and they were intercepted by three unknown criminals, riding on motorcycle, and one of them tried to snatched the bag containing gold and silver ornaments and upon resistance/protest, the criminals fired upon the husband of the informant, due to which he received gun-shot injury and was
Patna High Court CR. MISC. No.35421 of 2020(4) dt.12-03-2021 2/3 declared dead by the doctor.
Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of confessional statement of co-accused Vijay Mahto and no incriminating article has been recovered from the possession of the petitioner. He further submits that the confessional statement of the petitioner has also been recorded and from perusal of the same, it would be evident that the petitioner had only purchased the looted gold and silver ornaments from co-accused persons on payment basis. He next submits that the petitioner is jewellery shop owner and is having no criminal antecedent. He further submits that co-accused persons, namely, Kamlesh Mahto (by order, dated 08.01.2021, passed in Criminal Misc. No. 32578 of 2020), Rohit Kumar @ Sonu (by order, dated 05.02.2021, passed in Criminal Misc. No.
32905 of 2020) and Sujit Mishra (by order, dated 03.03.2021, passed in Criminal Misc. No. 40709 of 2020) have been granted bail by co-ordinate Benches of this Court. He further submits that the petitioner is in custody since 09.06.
Patna High Court CR. MISC. No.35421 of 2020(4) dt.12-03-2021 3/3 taking into consideration the materials on record and the fact that co-accused persons have been granted bail by this Court, the petitioner is in custody since 09.06.2020, having no criminal antecedent and charge sheet has been submitted against the petitioner, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Parihar Police Station Case No. 138 of 2020.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √