Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3137 of 2019 Arising Out of PS. Case No.-202 Year-2018 Thana- JANDAHA District- Vaishali ====================================================== Sanjeet Kumar s/o Sri Rajeev Prasad Singh Resident of village Mahisaur PS Jandaha District Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pranav Kumar Jha For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.

The petitioner seeks regular bail in connection with Jandaha PS case no. 202 of 2018 registered for the offence punishable under Sections 302, 120B, 506/34 of Indian Penal Code and 27 of Arms Act.

The allegation is regarding the co-accused persons namely Jai Shankar Choudhary and Abhay Kumar having fired at the deceased on the order of co-accused Ram Babu Sahani resulting in death of the deceased. The learned counsel for the petitioner submits that there is no specific allegation of any overt act as against the petitioner herein. The petitioner is having a clean antecedent. It is further submitted that the name of the petitioner has

Patna High Court Cr.Misc. No.3137 of 2019(2) dt.23-01-2019 2/2 transpired upon the confessional statement made by the coaccused persons and the petitioner has not been named in the FIR by the informant. Lastly, it is submitted that similarly situated co-accused persons have already been granted anticipatory bail by this Court vide order dated 29.11.2018 passed in Cr. Misc. no. 64351 of 2018 and Cr. Misc. no. 66710 of 2018. The petitioner is said to be languishing in custody since 31.08.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the abovenamed petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Prabhat Krishna, Additional Chief Judicial Magistrate, XI, Vaishali at Hajipur in connection with Jandaha PS case no. 202 of 2018.

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