Sanjeev Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.47337 of 2014 (7) dt.06-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47337 of 2014 Arising Out of PS.Case No. -316 Year- 2013 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Sanjeev Kumar S/o Suresh Kumar R/o village Pansalla, P.S. Bath, Distt. Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Akhileshwar Prasad Singh, Sr. Adv. Mr. Pravin Kumar Sinha For the Opposite Party/s : Mr. Dr.M.K.Gautam(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Kotwali P.S. Case No. 316 of 2013 registered for the offences punishable under Sections 302, 201/34 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits petitioner has been roped in the present case merely because he worked as a Guard in the Dharmsala where the dead body of Om Baba was recovered. It is further submitted that there is no cogent material in the case diary so as to implicate the petitioner. It is further submitted that Om Baba was residing in the Dharamsala and since long he is in the habit of taking liquor and petitioner has no concern with him. Learned counsel for the State submits that

Patna High Court Cr.Misc. No.47337 of 2014 (7) dt.06-08-2015 petitioner is a night guard of the Dharamsala, in question, where the dead body of Om Baba was recovered, however, there is no other cogent material evident in the case diary. Considering the aforesaid submissions, let the petitioner, in the event of his arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in connection with Kotwali P.S. Case No. 316 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. (Anjana Mishra, J) Jagdish/- U T