Sanjeet Kumar Suman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66316 of 2023 Arising Out of PS. Case No.-330 Year-2011 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Sanjeet Kumar Suman, Son Of Shiv Govind Ram @ Ram Govind Ram Resident Of Village- Salthua, P.S.- Kudra, Distt- Kaimur At Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Muzaffarpur Town P.S. Case No. 330 of 2011, lodged on 12.06.2011 under Sections 302, 201 & 120 (B) of the Indian Penal Code and subsequently, under Section 328 of the Indian Penal Code has been added.
3. As per the prosecution case, the FIR has been lodged against 3 to 4 unknown accused persons.
4. Learned counsel for the petitioner submits that the FIR has been lodged against unknown accused persons and as soon as the petitioner got information about involvement of his name in this case, he has started persuading for his appearance.
Patna High Court CR. MISC. No.66316 of 2023(2) dt.16-10-2023 2/3 He further submits that the antecedent of the petitioner is clean and he is in custody since 07.08.2023 and ready to fulfil all the conditions whatsoever shall be imposed on him. Learned Counsel for the petitioner also submits that FIR has been lodged in the year 2011 and police has kept mum near about 5 years and for the first time collected 8 named including the name of the petitioner. He further submits that the petitioner has moved before Hon'ble Apex Court also in SLP (Crl.) No. 3068 of 2023 which was disposed of vide order dated 12.07.2023 with direction "to apply for regular bail before the Trial Court" within four weeks. Thereafter, petitioner has been arrested and taken into judicial custody.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that it is a case of 2011 and the petitioner has taken into custody in the year 2023. As such, there is every likelihood that bail shall be granted and there shall be further delay in trial.
6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.
7. Accordingly, the prayer for regular bail of the petitioner in connection with Muzaffarpur Town P.S. Case No. 330 of 2011, pending before the learned Chief Judicial
Patna High Court CR. MISC. No.66316 of 2023(2) dt.16-10-2023 3/3 Magistrate, Muzaffarpur is hereby rejected,
8. However, the petitioner shall move for regular bail after framing of charge, the Trial Court shall release him on bail imposing its own conditions so that he may not evade his appearance during trial.
9. With this observation, the bail application stands disposed of.
(Dr. Anshuman, J.) Divyansh/- U T