Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53383 of 2023 Arising Out of PS. Case No.-488 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== SANJEEV KUMAR SON OF LATE SHEO RAM RESIDENT OF VILLAGE - BARA PAREUWA, POLICE STATION - RAXAUL, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Raxaul P.S. Case No. 488 of 2022 dated 17.10.2022 registered for the offences punishable u/s 324, 307 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution case, two unknown miscreants boarded on a motorcycle fired on the informant, his son and his wife causing injuries to the informant and his wife due to non-fulfilment of extortion money.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.53383 of 2023(2) dt.25-08-2023 2/3 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 is not named in the FIR. The name of the petitioner has surfaced during the course of the investigation. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 31.3.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the tower location of the mobile of the petitioner and the other coaccused persons was found near the place of occurrence.

6. 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, Raxaul at Motihari, East Champaran in connection with Raxaul P.S. Case No. 488 of 2022 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

Patna High Court CR. MISC. No.53383 of 2023(2) dt.25-08-2023 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T