Patna High CourtCR. MISC./60751/2019bail granted

Sanjish Kumar @ Sanjish Kumar Singh v. The State Of Bihar

2019-09-25Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60751 of 2019 Arising Out of PS. Case No.-508 Year-2018 Thana- AGAMKUAN District- Patna ====================================================== SANJISH KUMAR @ SANJISH KUMAR SINGH, aged about 29 years, Male, Son of Raj Kumar Singh @ Raj Kumar Sinha, Resident of Mohalla - Kurji, P.S.- Digha, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar, Adv, Mr. Manu Tripurari, Adv, Mr. Apurv Harsh, Adv.

For the Opposite Party/s :

Mr.Vinod Shanker Modi (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-09-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Sessions Trial No. 753 of 2018 arising out of Agamkuan P.S. Case No. 508 of 2018 registered for the offences punishable under Sections 452, 385, 307/34 of the Indian Penal Code and Section 27 of the Arms Act. Petitioner has earlier moved this Court for bail vide Cr. Misc. No. 6110 of 2019 which was rejected on 01.03.2019. Informant has alleged that on 20.07.2018 at about 6:30 A.M. while she was cooking food when someone knocked

Patna High Court CR. MISC. No.60751 of 2019(2) dt.25-09-2019 2/3 her door and as she opened the door, petitioner entered into her house and told that he would take away her daughter Riya Kumari with him, informant tried to resist him then he fired upon her which hit on her shoulder and waist, he also fired upon her two daughters in which her daughter Riya got injured. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Nothing incriminating articles has been recovered from possession of the petitioner. Petitioner was on visiting terms with family of informant. Although injury has been found to be of firearm but they are not on-vital part of the body and has been stated to be simple in nature.

Petitioner has no criminal antecedent and is in custody since 23.07.2018. Considering the aforesaid facts and circumstances of the case, petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 1st, Patna City, in connection with Sessions Trial No. 753 of 2018, arising out of Agamkuan P.S. Case No.

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the

Patna High Court CR. MISC. No.60751 of 2019(2) dt.25-09-2019 3/3 court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reason trial court shall have liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T