Sanjay Kumar @ Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63717 of 2023 Arising Out of PS. Case No.-219 Year-2023 Thana- BIKRAMGANJ District- Rohtas ====================================================== SANJAY KUMAR @ SANJAY SINGH S/o- SRI NIWAS SINGH VillageMorowna Ps- Bikramganj Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 342, 323, 307, 354B, 427, 353, 337, 379, 504 of the Indian Penal Code, Section 3 of the Prevention of Damage to Public Property Act.

3. The allegation against the petitioner along with others is of creating hindrance in discharging the official duty. It is further alleged that, on the instance of accused persons, the co-villagers assaulted the police party and damaged the Scorpio Car. It is further alleged that on search there has been recovery of 5 liters of illegal country-made liquor and many co-accused persons were apprehended on the spot.

Patna High Court CR. MISC. No.63717 of 2023(2) dt.10-10-2023 2/3

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has not committed any offence. The petitioner was not apprehended on the spot and there is no specific allegation against this petitioner. He submitted that the petitioner has no role and has no concerned with the alleged occurrence. From the perusal of the FIR, the injury report is not available on the police record to show, who assaulted the informant, therefore no case u/s 379 attracted against the petitioner and no incriminating articles have been recovered from the conscious possession of this petitioner. Similarly situated co-accused persons have already been granted bail by this Court vide order dated 31.08.2023 passed in Cr. Misc. No. 57407 of 2023. The petitioner is languishing in judicial custody since 24.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

Patna High Court CR. MISC. No.63717 of 2023(2) dt.10-10-2023 3/3 only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.1 Rohtas at Sasaram in connection with Bikramganj P.S. Case No. 219 of 2023.

(Sunil Kumar Panwar, J) manishkumar/- U T