Sanny Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37418 of 2025 Arising Out of PS. Case No.-34 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== Sanny Kumar, Son of Ranjit Singh, resident of village- Ward no. 7 Puvari Tolla Siuri, Ps- Cheriya Bariyapur (Manjhaul OP), Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Randhir Kumar No 1, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Tajpur P.S. Case No. 34 of 2022 dated 27.01.2022 instituted for the offence punishable under Sections 120B, 385, 387, 307 of the Indian Penal Code and Section 25 (1-b)a, 26, 27, 35 of the Arms Act.
3. The prosecution case, in short, is that the informant's bus was crossing near Motipur bus stand. Suddenly, five persons sitting on two motorcycles came and two persons opened fire indiscriminately towards the gate of driver and co-driver. It is alleged that driver sustained three pellet injuries and he was admitted at Sadar Hospital, Samastipur. It is further alleged that some days ago, scuffle took place between informant's other
2/4 drivers and staff of Mahadev Rath. It is also alleged that ransom of rupees two lakh was demanded from informant to be paid to the owner of Mahadev Rath. It is further alleged that miscreants were hired for killing the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that F.I.R. has been lodged against four named and 4-5 unknown persons. The petitioner is not named in the F.I.R. Only on the basis of confessional statement of Dhananjay Kumar, the petitioner has been made accused in this case. There is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. It is further submitted that co-accused Dhananjay Kumar has been granted bail vide Criminal Miscellaneous No. 33996 of 2022. It is also submitted that other named and unnamed accused persons have also granted bail by different co-ordinate Bench of this Court, details of which are mentioned as Annexure-2 series. Lastly, it has been submitted that the petitioner is in custody since 20.03.2024 having four criminal cases against him. Charge-sheet has been submitted in the case.
5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the
3/4 case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Samastipur in connection with Tajpur P.S. Case No. 34 of 2022, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the
4/4 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Khatim Reza, J) premchand/- U T