Sanjit Singh @ Sanjeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58658 of 2022 Arising Out of PS. Case No.-359 Year-2021 Thana- WARISLIGANJ District- Nawada ====================================================== SANJIT SINGH @ SANJEET SINGH SON OF LATE KISHUN SINGH R/O VILLAGE- KOCHGAON, P.S.- WARISALIGANJ, DISTRICT- NAWADA, BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aaruni Singh For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava Mr. Nishkant ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State as also the learned counsel appearing for the informant.

The petitioner seeks regular bail in connection with Warsaliganj P.S. Case No. 359 of 2021, registered for the offence punishable under Sections 341, 323, 307, 385 and 506/34 of the Indian Penal Code.

The allegation is regarding the accused persons including the petitioner having threatened the informant and his son with dire consequences while brandishing firearms and

2/4 then it is alleged that the said accused persons, totalling 15 in all, had assaulted the informant and his son. It is also alleged that the motive for the said occurrence was denial on the part of the informant and his son to pay extortion money to the accused persons.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 9.6.2022. The learned counsel for the petitioner has further submitted that the petitioner is an accused in four other cases, but he is on bail in three of them and as far as the fourth case is concerned, he has already been acquitted by the learned trial court. It is further submitted that a general and omnibus allegation has been levelled against all the accused persons and as far as the petitioner is concerned, he has not been alleged to have engaged in any sort of specific overt act.

Per contra, the learned APP for the State has

3/4 vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record as also considering the materials available in the case diary, this Court finds that a general and omnibus allegation has been levelled against all the accused persons and as far as the petitioner is concerned, there is no specific allegation of him having engaged in any sort of overt act, hence, I deem it fit and proper to admit the petitioner to the privilege of bail, however, subject to the condition that he shall appear on each and every date so fixed by the Ld. trial court, in the ongoing case and in case of any default, the present privilege of bail, being granted to the petitioner herein, shall stand cancelled automatically and he shall be taken into custody forthwith.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail

4/4 bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, II, Nawada in connection with Warsaliganj P.S. Case No. 359 of 2021.

(Mohit Kumar Shah, J) Ajay/- U T