Sanjay Marik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15404 of 2021 Arising Out of PS. Case No.-324 Year-2018 Thana- TRIVENIGANJ District- Supaul ====================================================== SANJAY MARIK Son of Bhupendra Marik Resident of Village - Khoriya Mission, P.S.- Triveniganj, Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-07-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in a case registered for the offence punishable under sections 341, 323, 324, 326, 307, 504 and 506/34 of the Indian Penal Code. As per prosecution case, alleged date and time of occurrence, while father of the informant was sleeping in his house, petitioner along with co-accused came and took away father of the informant with them. It is further alleged that both accused persons took out left eye of father of the informant and left him in unconscious stage.

Statement of the father of the informant has also been recorded during course of investigation in para 38 of the case diary wherein he has alleged that he was taken away by six

Patna High Court CR. MISC. No.15404 of 2021(2) dt.23-07-2021 2/3 persons. Injury report of father of the informant is in para 32 of the case diary wherein the doctor has found one injury on the left eye ball caused by hard and blunt substance. It is submitted on behalf of the petitioner that petitioner has been falsely implicated in this case and co-accused person, namely, Bhupendra Marik having similar allegation has been granted bail by a coordinate bench of this court vide Cr. Misc. no. 21826/2019. Petitioner has got clean antecedent and is in jail custody since 17.01.2020.

Learned counsel for the State opposes the prayer for bail.

Considering the period of custody and clean antecedent, this bail application is allowed. Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul in Triveniganj P.S. Case no. 324/2018 on the following conditions.

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

Patna High Court CR. MISC. No.15404 of 2021(2) dt.23-07-2021 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) s.hassan/- U T