Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48392 of 2023 Arising Out of PS. Case No.-42 Year-2021 Thana- SISWAN District- Siwan ====================================================== Sanjay Singh S/O Late Radhakishun Singh @ Radha Kishan Singh R/O Village- Baghauna, Ps. Siswan, Dist. Siwan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Vaishnavi Singh For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 364, 201, 120(B), 302 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that his son, aged about 5 years was committed murder by the accused persons by using sharp edged weapon after kidnapped him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Earlier the prosecution has been lodged against unknown but thereafter, the informant raised suspicion against the petitioner and implicated him in a false case. The petitioner has no manner concern with the

Patna High Court CR. MISC. No.48392 of 2023(2) dt.04-08-2023 2/2 deceased or with the alleged offence. No one is eye witnesses of the galled occurrence. Except suspicion, nothing has come against the petitioner to suggests his complicity in the alleged crime. He has got no criminal antecedent as stated in para-3 of the petition. Moreover, similarly situated co-accused namely, Dhananjay Singh has already been granted bail by a co-ordinate Bench of this Court vide order dt 26.7.2023 passed in Cr. Misc. No. 44910 of 2023. Moreover, the petitioner is languishing in judicial custody since 10.4.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Siswan P.S. Case No. 42 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Siwan. (Sunil Kumar Panwar, J) Amandeep/- U T