Sandeep Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41139 of 2023 Arising Out of PS. Case No.-124 Year-2003 Thana- GARDANIBAG District- Patna ====================================================== SANDEEP KUMAR SINGH S/O RAM BILASH SINGH R/O VILLAGEFRIENDS COLONY, KATIRA PAKRI, PS. ARA NAWADA, DIST. BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surya Swetabh, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and he came to be implicated in Gardanibagh P.S. Case No. 124 of 2023 wherein the informant alleged that one Sunil Singh was assaulted by the FIR named accused persons and thereafter was thrown in an open drain and the victim died during the course of treatment.

4. Learned counsel next submits that no specific allegation has been alleged against the petitioner nor any occurrence in the manner as alleged ever took place. It is also submitted that the allegation of assault is not specific rather

Patna High Court CR. MISC. No.41139 of 2023(6) dt.12-02-2024 2/2 general and omnibus in nature. It is further submitted that the occurrence is of the year 2003 but even after passage of more than twenty-one years the charge-sheet has not been submitted and similarly situated co-accused Sanjit Kumar Singh has been granted the privilege of anticipatory bail by a Coordinate Bench of this Court vide order dated 02.02.2023 in Cr. Misc. No. 71871 of 2022.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Gardanibagh P.S. Case No. 124 of 2003, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T