Patna High CourtCR. MISC./49107/2023bail granted

Sanjay Singh v. The State Of Bihar

2023-08-04Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49107 of 2023 Arising Out of PS. Case No.-130 Year-2022 Thana- ASARGANJ District- Munger ====================================================== SANJAY SINGH SON OF MUKTAR SINGH RESIDENT OF VILLAGEUDHADIH, PS- SULTANGANJ, DIST- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Kamal Nayan For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Asarganj P.S. Case No. 130 of 2022 dated 12.08.2022 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 307 and 302 read with section 34 of the Indian Penal Code and Section 27 of the Arms

Patna High Court CR. MISC. No.49107 of 2023(2) dt.04-08-2023 2/3 Act.

4. As per the prosecution case, it is alleged that this petitioner along with other accused persons and 25 unknown persons have assaulted the husband of the informant, as a result of which he sustained injuries and fell on the ground. Thereafter, the accused persons took the husband of the informant to his village by dragging him, where he was shot dead.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.03.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Munger in connection with Asarganj P.S. Case No.

Patna High Court CR. MISC. No.49107 of 2023(2) dt.04-08-2023 3/3 130 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T