Sujeet Kumar @ Santu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56135 of 2021 Arising Out of PS. Case No.-214 Year-2020 Thana- NAGAR District- Vaishali ====================================================== Sujeet Kumar @ Santu Son Of Late Harihar Singh Residento Of Villege - Mednimal, P.S.- Hajipur, Distt.- Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-04-2022 Let the defects, if any, be removed within four weeks from today.

Heard learned counsel for the petitioner as well as learned Additional Public prosecutor for the State through video conferencing.

Petitioner seeks bail in a case registered in connection with Hajipur Town P.S.Case No. 214 of 2020 for the offences punishable under Sections 341, 323, 307, 379, 353, 504, 506/34 of the Indian Penal Code.

As per prosecution case, while the informant was returning to his residence, four persons started altercation with him and all of a sudden, co-accused Kumar Suryam assaulted the informant with brick on his head. It is also alleged that other co-accused persons snatched his service revolver along with

Patna High Court CR. MISC. No.56135 of 2021(2) dt.01-04-2022 2/3 seven cartridges.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R and his name has been transpired later on, after recovery of looted service revolver of the informant. He further submits that informant along with other three persons reside on the ground floor of the house of the petitioner wherein he resides in upper floor with his family and no recovery has been made from his possession. He next submits that other co-accused has already been granted bail by the learned court below and this petitioner has been arrested on 08.02.2021 but up till now he has not been put on TIP . The learned A.P.P opposed the prayer for bail of the petitioner.

Having heard the rival contentions of the parties and taking into consideration the fact petitioner is in custody since 08.02.2021 and up till now he has not been put on TIP. Though the informant alleged in the FIR that he would identified the other co-accused persons, if they will be produced before him. In the aforesaid facts and circumstance of the case and the material available on the record, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/0- ( Twenty Thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.56135 of 2021(2) dt.01-04-2022 3/3 the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Town P.S.Case No. 214 of 2020, on the following conditions:- "(i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(ii) 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"

(Harish Kumar, J) N.K/- U T