Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45354 of 2022 Arising Out of PS. Case No.-73 Year-2022 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== SANJEET KUMAR SON OF LATE DHODHAI DAS R/O VILLAGEGADDOPUR, P.S.- N.H. BANGRA, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-11-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with N.H. Bangra P.S. Case No. 73 of 2022 registered for the offences punishable under Section 414 of the Indian Penal Code read with Sections 25(1-b)a, 26/ 35 of the Arms Act. As per prosecution case, there is alleged recovery of one loaded country made pistol alongwith one screen touch mobile from the possession of petitioner.

Learned counsel for the petitioner submits that petitioner is in custody since 19.06.2022. Petitioner bears no

Patna High Court CR. MISC. No.45354 of 2022(2) dt.24-11-2022 2/3 criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner is quite innocent and has not committed any offence as alleged against him in FIR. Petitioner has been falsely implicated in this case due to dirty village politics. No incriminating article has been recovered from the conscious possession of the petitioner. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Ms. Chanda Lal, Judicial Magistratge Ist Class, Samastipur in connection with N.H. Bangra P.S. Case No.

Patna High Court CR. MISC. No.45354 of 2022(2) dt.24-11-2022 3/3 mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) alok/- U T