Sanjay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60853 of 2021 Arising Out of PS. Case No.-440 Year-2021 Thana- SASARAM NAGAR District- Rohtas ====================================================== SANJAY KUMAR SINGH Son of Late Raman Singh Resident of VillageDarigawan, P.S.- Darigawan, District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shankar Kumar, Advocate For the Opposite Party/s :
Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-03-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Sasaram (Darigaon) P.S. Case No. 440 of 2021 for the offence registered under Sections 341, 323, 504, 506, 307/34 of the Indian Penal Code.
The allegation is regarding the petitioner having assaulted his brother i.e. the informant with Rami on his head resulting in him being inflicted with grievous injury. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 14.07.2021. The learned counsel for the petitioner has submitted that the occurrence had taken place at
Patna High Court CR. MISC. No.60853 of 2021(2) dt.30-03-2022 2/3 the spur of the moment on account of pre-existing land dispute. It is further submitted that the petitioner undertakes to abide by such conditions as may be deemed fit and proper to be imposed by this Court for the purposes of grant of bail. Per contra, the learned counsel 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 the petitioner is languishing in custody since about eight months, though I deem it fit and proper to admit the petitioner herein to the privilege of bail but subject to certain conditions.
Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Rohtas at Sasaram in connection with Sasaram (Darigaon) P.S. Case No. 440 of 2021. It is further directed that the petitioner would mark his attendance before the Officer In-Charge of the concerned Police Station at 10:00 A.M. on every Monday of the week and in the event of his failure to do so on two consecutive occasions, the
Patna High Court CR. MISC. No.60853 of 2021(2) dt.30-03-2022 3/3 present privilege of bail being extended to the petitioner shall stand cancelled automatically and the petitioner shall be taken into custody forthwith.
(Mohit Kumar Shah, J) S.Sb/- U T