Sanjay Sada v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56902 of 2022 Arising Out of PS. Case No.-63 Year-2021 Thana- BAKHTIARPUR District- Saharsa ====================================================== Sanjay Sada, Son of Late Sanichar Sada @ Late Shanichar Sada R/V- Nasrat Chakla, P.S- Bakhtiyarpur, Dist- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rashmi Jha, Advocate For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 201, and 120(B) of the Indian Penal Code.
As per prosecution case, the allegation against the petitioner is of killing the husband of the informant (second wife of the deceased).
It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.56902 of 2022(4) dt.17-03-2023 2/3 that the petitioner is innocent and he has falsely been implicated in the present case due to malice, enmity and village party politics. He submitted that the case has been lodged on the basis of suspicion, there is no eye-witness in this case to show his involvement in the commission of said crime. It is further submitted that there is no specific allegation against the petitioner. Learned counsel for the petitioner further submitted that the similarly co-accused has already been granted bail by a Co-ordinate Bench vide order dated 12.09.2022 passed in Cr. Misc. No. 34350 of 2022. The petitioner has no criminal antecedent as stated in para-3 of the bail petition. It is also submitted that petitioner is languishing in judicial custody since 02.03.2021.
Learned APP appearing for the State has vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bakhtiyarpur P.S. Case No. 63 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.56902 of 2022(4) dt.17-03-2023 3/3 learned District and Sessions Judge, Saharsa. (Sunil Kumar Panwar, J) Arish/- Sushma/- U T