Sanjit Kumar@Sanjit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59408 of 2021 Arising Out of PS. Case No.-272 Year-2019 Thana- MOKAMAH District- Patna ====================================================== SANJIT KUMAR@SANJIT SINGH Son of Sri Mannu Singh Resident of Village - Sakarwar Tola, P.S.- Mokama, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand, Adv.

For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-03-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Mokama P.S. Case No. 272 of 2019, registered for the offence punishable under Sections 429 of the Indian Penal Code, Section 11(1-L) of the Animal Cruelty Act, 1960 and Section 27 of the Arms Act.

The allegation is regarding the petitioner along with other accused persons having killed the cow of the informant by firing gunshot on the forehead of the cow.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.59408 of 2021(2) dt.30-03-2022 2/3 submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 2.9.2020. The learned counsel for the petitioner has further submitted that as far as Section 429 of the Indian Penal Code and Section 11(1-L) of the Prevention of Cruelty to Animals Act, 1960 are concerned, the same are bailable and the only non-bailable section under which the petitioner has been implicated is Section 27 of the Arms Act. It is further submitted that the petitioner has already suffered enough on account of his long incarceration.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that Section 429 of the Indian Penal Code and Section 11(1-L) of the Prevention of Cruelty to

Patna High Court CR. MISC. No.59408 of 2021(2) dt.30-03-2022 3/3 Animals Act, 1960 are bailable and the petitioner has already undergone custody of about one and a half year, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Chief Judicial Magistrate, Barh, Patna in connection with Mokama P.S. Case No. 272 of 2019.

(Mohit Kumar Shah, J) Ajay/- U T