Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74817 of 2022 Arising Out of PS. Case No.-100 Year-2021 Thana- MAJORGANJ District- Sitamarhi ====================================================== SANJEEV KUMAR S/O Manoj Paswan R/O Village- Bhokraha, P.SMejarganj, District- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Naresh Paswan S/O Tejan Paswan R/O Village- Patahi, P.S- Patahi, DistrictEast Champaran at Motihari ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. Dr.Mrityunjaya Kr.Gautam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner submits that earlier the petitioner had moved vide Cr. Misc. No. 9436 of 2022 along with Deeplal Paswan and Manoj Paswan. It is next submitted that, inadvertently, it was submitted that the anticipatory bail application with respect to petitioner No. 2 and 3 i.e., Manoj Paswan and Sanjeev Kumar ( present petitioner) be permitted to be withdrawn when the instruction was to withdraw the anticipatory bail application with respect to Deeplal Paswan and Manoj Paswan and not with respect to this petitioner. Learned counsel next submits that, inadvertently, the said mistake was

Patna High Court CR. MISC. No.74817 of 2022(2) dt.04-01-2023 2/2 committed, as such, liberty was granted to the petitioner to file fresh anticipatory bail application by order dated 27.09.2022 in Cr. Misc. No. 9436 of 2022. It is next submitted that in view of the liberty, the present anticipatory bail application has been filed. It is next submitted that it is a case under Section 304B and 34 of the I.P.C., the petitioner is the cousin brother of the husband of the deceased, it is next submitted that the husband of the deceased has been acquitted in the trial. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named be released on bail 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 court below where the case is pending/successor court in connection with Majorganj P.S. Case No. 100 of 2021.

(Satyavrat Verma, J) HarshPandey/- U T