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Patna High CourtCR. MISC./70467/2024bail granted

Sanjeet Bind v. The State Of Bihar

2024-10-29Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70467 of 2024 Arising Out of PS. Case No.-27 Year-2021 Thana- KIUL District- Lakhisarai ====================================================== Sanjeet Bind S/o Mukesh Bind R/o Village- Khagaul, P.S.- Kiul, DistrictLakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-10-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Kiul P.S. Case no. 27 of 2021 registered under sections 302, 120B and 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant states that two persons came on motorcycle. One of them fired from his pistol hitting his brother in the temple as a result of which he died. While one of the accused on the motorcycle was identified as Ravi Paswan, the other accused was not identified as he managed to escape. It is further stated that the petitioner and one another who on the date of occurrence were in jail had entered into conspiracy and got his brother murdered.

4. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.70467 of 2024(2) dt.29-10-2024 2/2 petitioner that the petitioner has been falsely implicated in the case because of enmity between the parties which would be evident from the contents of the FIR itself. Admittedly, besides the petitioner not being the assailant or anywhere near the place of occurrence on the date of occurrence, as per the contents of the FIR itself, he was in custody at the relevant time. He is in custody since 29.1.2024 and chargesheet has been submitted in the case.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R., the petitioner being in custody on the date of occurrence together with his having remained in custody since 29.1.2024 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Kiul P.S. Case no. 27 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai.

(Partha Sarthy, J) Bibhash U T