Sanjay Sah @ Sanjay Kumar @ Sanjay Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39582 of 2020 Arising Out of PS. Case No.-21 Year-2020 Thana- SONBERSA District- Sitamarhi ====================================================== SANJAY SAH @ SANJAY KUMAR @ SANJAY MAHTO son of Ramprit Sah Resident of Village- Bhutahi, P.S.- Sonbarsa, District- Sitamarhi ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashish Kumar Ranjan For the Opposite Party/s :
Mrs. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-07-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 302 and some other minor Sections of the Indian Penal Code and u/s 27 of Arms Act.
As per the prosecution case, The informant alleges that on 28.01.2020 his son Anil Kumar (deceased) had left house at 10:00 am with empty cylinder but when he did not return home, the informant received information that his son has been murdered at village Mohanpur, it is next alleged that informant in the F.I.R. has claimed that the named accused persons have committed murder of his son by firearm as his son was not ready to enter into a compromise with the accused persons in a case relating to the murder of his first son, thus the
Patna High Court CR. MISC. No.39582 of 2020(6) dt.05-07-2022 2/3 F.I.R. named accused persons in conspiracy with each other committed the present occurrence when his son was returning home with gas cylinder form village Mohanpur. It is further alleged that these accused persons were seen in movement by cycle and motorcycle and also on feet on in between village Bhutahi, Chiraya and Mohanpur on the date of occurrence. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case only on suspicion. It is submitted that that petitioner is not named in the FIR.
The name of petitioner has surfaced in this case during the course of investigation in the confessional statement of co-accused, Sikandar Mukhiya and only material that has come against this petitioner is that he is relation of one of the accused of Sahiyara PS case No. 16/2010. There is no eye witness of the occurrence. Moreover, petitioner has no concern with Sahiyara PS case No. 16/2010 as such there is no motive to commit the crime. Similarly situated accused Ranjit Kumar has already been granted anticipatory bail by a coordinate Bench of this court vide order dated 20.06.2022 passed in Cr. Misc. No. 23863/2021.
Learned counsel appearing for the State opposes the prayer for anticipatory bail.
Patna High Court CR. MISC. No.39582 of 2020(6) dt.05-07-2022 3/3 Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Sitamarhi in connection with Sonbarsa PS case No. 21/2020, subject to conditions laid down u/s 438(2) of the Cr. P. C.
(Prabhat Kumar Singh, J) BKS/- U T