Patna High CourtCR. MISC./70747/2024allowed

Sanjeev Kumar @ Sanjeev Kumar Sahu v. The State Of Bihar

2024-10-07Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70747 of 2024 Arising Out of PS. Case No.-163 Year-2024 Thana- SIMRI District- Darbhanga ====================================================== Sanjeev Kumar @ Sanjeev Kumar Sahu S/o- Radhe Shyam Sahu Village-. Ekdara, P.S- Khutouna, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gulfeshan, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Simri P.S. Case No. 163 of 2024 registered for the offences punishable under Sections 310(4), 310(5), 317(5) of Bhartiya Nyaya Sanhita.

3. As per prosecution case, informant received secret information that petitioner and others are said to have made planning to commit dacoity. It is further alleged that petitioner and two others were apprehended on the spot whereas some of them managed to escape. Petitioner is said to have caught with one Vivo mobile.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence

Patna High Court CR. MISC. No.70747 of 2024(2) dt.07-10-2024 2/3 as alleged in the first information report. Only one Vivo mobile has been recovered from the petitioner and the said mobile belongs to the petitioner and except the said mobile, no incriminating material has been recovered from his possession. Petitioner is not in any way connected with the alleged occurrence. Petitioner has been falsely implicated in this case due to high handedness of police. Petitioner has criminal antecedent of one case. Learned counsel orally submits that petitioner is on bail in that case. Petitioner is in custody since 15.07.2024.

5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Darbhanga in connection with Simri P.S. Case No. 163 of 2024, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn

Patna High Court CR. MISC. No.70747 of 2024(2) dt.07-10-2024 3/3 the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) mcverma/- U T