Sanjiv Kumar Sah @ Sanjeev Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55247 of 2023 Arising Out of PS. Case No.-224 Year-2022 Thana- SAHARGHAT District- Madhubani ====================================================== Sanjiv Kumar Sah @ Sanjeev Kumar Sah S/O Ram Prakash Sah R/O VillageBasuki Durgapatti, P.S- Madhwapur, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 401, 402, 414 and 34 of the IPC and Section 25(1-b)a, 26 and 35 of Arms Act.

3. Prosecution case in short, is that, police got information that some miscreants were planning for committing dacoity thereafter, police team reached at that place and arrested some miscreants including this petitioner and there have been recoveries of one country made pistol and some motorcycles from their possession.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.55247 of 2023(2) dt.30-08-2023 2/2 falsely been implicated in this case. It is further submitted that nothing incriminating article has been recovered from the conscious possession of the petitioner. It is also submitted that the seizure list has not been prepared as per the provision of Cr.P.C. The petitioner has no concern either with the seized articles or with the co-accused persons. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 20.12.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Saharghat P.S. Case No. 224 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. X, Madhubani.

(Sunil Kumar Panwar, J) Shubham/- U T