Sanjiv Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68164 of 2023 Arising Out of PS. Case No.-72 Year-2022 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Sanjiv Kumar Singh S/O- Late Damodar Singh Village- Mahadeya Math PsSahebganj Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 148, 149, 302/120(B) of the Indian Penal Code and Sections 25(1-b) a, 26, 35 and 27 of the Arms Act. As per allegation in the FIR, while informant's father was fishing in his pond, several accused persons, having arms in their hand, came there and started indiscriminate firing as a result of which four persons received gun shot injuries. They were brought to hospital for treatment where doctor declared brought dead to

Patna High Court CR. MISC. No.68164 of 2023(3) dt.05-01-2024 2/3 Mukesh Sahni and Rajesh Sahni.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The petitioner is not named in the F.I.R nor any suspicion was raised against him, rather, he has been roped in the present case during the course of investigation. Nothing has been recovered from the conscious possession of the petitioner. The specific allegation of killing Mukesh Sahni and Rajesh Sahni is against other co-accused persons. Moreover, other coaccused has been granted bail vide order dated 04.01.2023 passed in Cr. Misc. No. 39313 of 2022. The petitioner is languishing in judicial custody since 27.02.2023.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.68164 of 2023(3) dt.05-01-2024 3/3 The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 20th Additional Sessions Judge, Muzaffarpur in connection with Sahebganj P.S. Case No. 72 of 2022(Sessions Trial No. 614 of 2023). (Sunil Kumar Panwar, J) Shageer/- U T