Sanjeev Kumar @ Laltun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45291 of 2018 Arising Out of PS. Case No.-35 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== Sanjeev Kumar @ Laltun, S/o Late Balmiki Singh, R/o Village- Tarathi, P.S.- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Patanjali Rishi, Adv For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-08-2018 Heard learned counsel for petitioner and learned counsel for the State.

Earlier vide order dated 13.08.2018, petitioner was granted provisional bail for a period of 15 days to attend the funeral rites of his mother who died while he was in custody with a direction to surrender before the court below and produce Surrender Certificate before this Court. Surrender Certificate of the petitioner has been produced before this Court on 30.08.2018 and today the matter is being heard for grant of regular bail. Petitioner seeks bail in Naubatpur P.S. Case No.

Patna High Court Cr.Misc. No.45291 of 2018(5) dt.31-08-2018 2/3 35 of 2018 registered for the offence punishable under Sections 399, 402, 307 and 353 of the Indian Penal Code and Section 25(1-B)a, 26, 27 and 35 of the Arms Act. Allegation against the petitioner is of recovery of one Shot-gun and one live cartridge.It has been further alleged that the miscreants assembled at the place of occurrence and open fired upon the police when they were proceeding to arrest them but there has been no injury either from the side of police or accused. It has been stated in the report that 8-9 miscreants had assembled and on seeing police most of them fled away but petitioner was arrested from the place of occurrence.

Petitioner is accused in one more case being Naubatpur P.S. Case No. 149 of 2001 under Section 302/34 of the Indian Penal Code. Petitioner has no knowledge about the said case and only after calling of antecedent report of petitioner petitioner came to know about the said case in which he has also been made accused.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two

Patna High Court Cr.Misc. No.45291 of 2018(5) dt.31-08-2018 3/3 sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Danapur, Patna, in connection with Naubatpur P.S. Case No. 35 of 2018.

(S. Kumar, J) ranjan/- U