Sanjeev Yadav @ Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44532 of 2022 Arising Out of PS. Case No.-91 Year-2022 Thana- KRITYANAND NAGAR District- Purnia ====================================================== SANJEEV YADAV @ SANJEEV KUMAR Son of Late Sita Ram Yadav Resident of Village - Singhiya, P.S.- K. Nagar (Champa Nagar), District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate Mr. Rounak Kumar Singh Pankaj, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with K. Nagar (Champa Nagar) P.S. Case No.91 of 2022 registered for the offence under Sections 307 and 34 of the Indian Penal Code, Section 27 of the Arms Act and later on added Section 302 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 31.03.2022.

The allegation against the petitioner is to commit murder of informant by causing firearm injury along with other

Patna High Court CR. MISC. No.44532 of 2022(2) dt.14-12-2022 2/3 co-accused persons, due to previous enmities, arises out of local disputes and differences.

Learned counsel appearing on behalf of the petitioner submitted that the maximum allegation against this petitioner as appears from the face of FIR is to identify and ordered the main assailant, which was later found as Vikash Yadav. It is also submitted that the said Vikash Yadav has already been granted bail by one of the learned co-ordinate Bench of this Court, through Cr. Misc. No. 36705 of 2022 dated 21.09.2022. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, appearing on behalf of the State, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as allegation against this petitioner is limited to give order to main assailant coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with K. Nagar (Champa Nagar) P.S. Case No.91 of 2022, on furnishing bail

Patna High Court CR. MISC. No.44532 of 2022(2) dt.14-12-2022 3/3 bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T