Sanjit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71871 of 2022 Arising Out of PS. Case No.-124 Year-2003 Thana- GARDANIBAG District- Patna ====================================================== SANJIT KUMAR SINGH Son of Mohan Prasad Singh R/o- Ward No. 03, Deoria, Post- Sirpalpur, Dist- Bhojpur, P.S.- Sirpalpur, Bihar, Pin Code802314 ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
AHILYA DEVI Wife of Sri Anil Singh @ Anil Kumar Singh R/o yarpur Rajputana, Gardanibagh, Phulwari, P.O. and P.S.- Gardanibagh, Patna, Bihar, Pin Code-800001 (informant) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashutosh Nath, Adv.
For the Opposite Party/s :
Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in a case registered for the offence punishable u/s 438 of the Cr.P.C. As per prosecution case, one Sunil Singh was assaulted by the F.I.R. named accused persons and thereafter thrown in the nearby opened chamber. The victim died during treatment. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation
Patna High Court CR. MISC. No.71871 of 2022(2) dt.02-02-2023 2/2 leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that the occurrence is of the year, 2003 but even after 19 years, no charge sheet has been submitted against the accused persons. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since till date, no charge sheet has been submitted, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Gardanibagh P.S. Case No.124/2003, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T