Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51271 of 2021 Arising Out of PS. Case No.-753 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== Sandeep Kumar Son Of Kameshwar Rai Resident Of Village - Rahar Diyara, P.S. - Sonepur, District - Saran (Chapra).

... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Awadhesh Kumar Singh, Advocate For the Opposite Party :

Mr.Abhay Kumar Roy, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-01-2022 Heard learned Counsel for the petitioner and the State. The petitioner seeks regular bail in Saraiya Police Station Case No. 753 of 2020, registered for the offences under Sections 393, 307 of the IPC and Section 27 of the Arms Act. As per the prosecution case, on 22.11.2020 at around 9.30 a.m., the informant and his staffs were going on cash van from Chapra to Siwan and reached reached near Bakhra cold storage, one white coloured car tried to intercept the vehicle of informant and the accused persons sitting in the car started indiscriminate firing due to which driver of the cash van got firearm injury.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Petitioner's name has figured during course of investigation in confessional statement of coaccused Md. Nasim Ahmad and no other substantive evidence has been collected during course of investigation to suggest the implication of this petitioner in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Test Identification Parade has not been carried out till date. Petitioner is in custody since 25.3.2021.

Patna High Court CR. MISC. No.51271 of 2021(2) dt.25-01-2022 2/2 Charge sheet has already been submitted.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is in custody since 25.3.2021, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 4th-cum-Sub Judge (West), Muzaffarpur, in connection with Saraiya Police Station Case No. 753 of 2020.

(Prabhat Kumar Singh, J) Shashi U T