Sanjay Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.1401 of 2017 (2) dt.16-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1401 of 2017 Arising Out of PS.Case No. -100 Year- 2016 Thana -NATIONAL HIGHWAY DistrictSAMASTIPUR ======================================================

1. Sanjay Kumar, Son of Sri Suresh Sah, Resident of Village-Gauspur Sarsauna, P.S.-National Highway Bangra, District-Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

Petitioner is in custody since 08.11.2016 in connection with National Highway Bangra P.S. Case No. 100 of 2016 registered under Sections 115, 120-B and 414 of the Indian Penal Code and Section 25 (1-B) A/26/35 of the D.P. Act.

3.

Accusation is of making conspiracy to kill one Lakshmi Mukhia of Sarsauna Panchayat.

4.

Learned Senior counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case due to local village politics. The entire prosecution story has been concocted to implicate this petitioner due to Panchayat election rivalry. Neither any offence has been committed in any manner nor anything incriminating has been recovered from the conscious possession of the petitioner.

Patna High Court Cr.Misc. No.1401 of 2017 (2) dt.16-01-2017 Moreover, there is no ingredients available on record to make out a case under Sections 115, 120B and 414 of the Indian Penal Code and Sections 25(1-B)A/26/35 of the Arms Act. Mere on the allegation of alleged conspiracy, the petitioner, who is of clean antecedent, cannot be liable to be punished in any manner as there is no sufficient material to prove his guilt. Therefore, the petitioner deserves the privilege of bail. 5.

Learned A.P.P. has submitted that conspiracy has been made by the petitioner to kill the Mukhiya of the Panchayat. 6.

Considering the facts and circumstances of the case and the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Samastipur in connection with National Highway Bangra P.S. Case No. 100 of 2016.

(Arvind Srivastava, J) brajesh/- U T