Sanjay Singh @ Fukko @ Sanjay Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60559 of 2022 Arising Out of PS. Case No.-142 Year-2021 Thana- SULTANGANJ District- Bhagalpur ====================================================== SANJAY SINGH @ FUKKO @ SANJAY KUMAR MAHTO S/o Late Suresh Mahto Resident of village and P.O.- Tilakpur, P.S.- Sultanganj, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Sultanganj P.S. Case No. 142 of 2021, registered for the offences punishable under Sections 302, 201, and 34 of the Indian Penal Code.

As per allegation, the son of the informant went out of his house at 10 a.m. but he didn't return. Later on, his dead body was recovered. The informant has mentioned that this petitioner and coaccused Mukesh Singh @ Munna Singh has committed murder of her son.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated only on the basis of suspicion. The petitioner is under custody since

Patna High Court CR. MISC. No.60559 of 2022(5) dt.20-04-2023 2/2 07.07.2021 and he is a person of clean antecedent. The learned counsel has also submitted that on exact similar footing co-accused Mukesh Singh @ Munna Singh has been granted bail in Cr. Misc. No. 15577 of 2022 by a coordinate Bench of this Court. On the other hand, the learned APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, especially, the fact that other co-accused person on similar footing has been granted bail, let the petitioner above-named be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bhagalpur in connection with Sultanganj P.S. Case No. 142 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Sudha/Sonali U T