Sanjay Rajak @ Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27223 of 2015 Arising Out of PS.Case No. -38 Year- 2008 Thana -NAYA RAM NAGAR District- MUNGER ====================================================== Sanjay Rajak @ Sanjay Kumar Son of Shyam Sundar Prasad Resident of Ekta Nagar, Near Mango Orchard, South of Imali Bazar, Phulwari Sharif, Patna, P.S. Phulwari Sharif, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 302, 120B and 201 of the Indian Penal Code and Section 3(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Allegation against the petitioner is that he and one Rijwan Ali had killed informant's son. There is also allegation of abusing her by her caste name.

It has been submitted on behalf of the petitioner that he has got no criminal antecedent. He is a Section Engineer in Railway. He has falsely been implicated in the present case. Merely on the basis of suspicion he has been named in the present case. Other co-accused have been granted anticipatory bail vide Cr. Misc. no. 3250 of 2010.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. only on the basis of suspicion. Considering the aforesaid facts and circumstances, let the

Patna High Court Cr.Misc. No.27223 of 2015 (3) dt.28-09-2015 2 / 2 above named petitioner, in the event of arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Munger, in connection with Naya Ram Nagar P.S. Case no. 38 of 2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T