Sanjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61635 of 2023 Arising Out of PS. Case No.-95 Year-2022 Thana- JANDAHA District- Vaishali ====================================================== Sanjit Kumar Son Of Bhikhari Rai Village- Sakarauli Buchauli Ps- Jandaha Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 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 385, 386, 307, 379 and 34 of the Indian Penal Code and later on 302 of the IPC was added and 27 of the Arms Act.

3. The allegation against the petitioner along with others is of firing upon the informant due to non-payment of ransom money. Thereafter, they looted Rs. 10,000/- cash from the informant. It is further alleged that during the course of treatment, the informant died.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.61635 of 2023(2) dt.15-09-2023 2/3 the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. No consistent evidence has come against the petitioner to involve in the alleged occurrence. It is further submitted that the petitioner was not present at the place of occurrence rather he was in Hyderabad at that time as he used to work of drinking water to door to door. There is no eye witness of the alleged occurrence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted bail by this Court vide Annexure-4 of this petition. Moreover, the petitioner is languishing in judicial custody since 24.05.2023.

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 Jandaha P.S. Case No. 95 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.61635 of 2023(2) dt.15-09-2023 3/3 satisfaction of learned C.J.M., Vaishali at Hajipur. (Sunil Kumar Panwar, J) Shubham/- U T