Sanjeet Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.19619 of 2017 (4) dt.23-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19619 of 2017 Arising Out of PS.Case No. -196 Year- 2014 Thana -TAJPUR District- SAMASTIPUR ====================================================== Sanjeet Kumar Son of Jiwachh Mahto, Resident of Village- Musapur, P.s.- Ghataho, District- Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-06-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Tajpur (Halai O.P.) P.S. Case No. 196 of 2014 registered for the offence punishable under Sections 302/34 of the Indian Penal Code. Allegedly, Devendra Mahto, the younger brother of the informant, was found dead and in first information report no one was named. During investigation it transpires that the petitioner has got hands in killing the deceased.

Submission is of false implication and that besides suspicion there is no other legal material against the petitioner. During the entire investigation only suspicion has come and without any fault the petitioner is suffering in custody since 09.09.2016, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Patna High Court Cr.Misc. No.19619 of 2017 (4) dt.23-06-2017 Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering that there is no chance of tampering with prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge, Samastipur in Session Trial No. 679 of 2016 arising out of Tajpur (Halai O.P.) P.S. Case No. 196 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T