Sanjeev Kumar Gupta @ Munna Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61783 of 2019 Arising Out of PS. Case No.-239 Year-2019 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Sanjeev Kumar Gupta @ Munna Sah Son of Late Raj Kumar Prasad @ Raj Kumar Sah, Resident of Gola Road, Ward No. 13, P.S.- Barh, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilesh Kumar For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner is languishing in custody since 30.07.2019 in a case registered for the offences punishable under Sections 115 and 120B(1)/34 of the Indian Penal Code. It is alleged against the petitioner that the petitioner was made accused in Teghra P.S. Case No. 29 of 2019 registered under Section 420 IPC wherein the issue was resolved between the parties and subsequently, the petitioner was granted bail. Subsequently, the petitioner developed some intimacy with the informant of the said case namely, Rupam Kumari and thereafter, he hired one Rajeev Bhagat for killing Rupam Kumari. From the spot co-accused Murari Choudhary was

Patna High Court CR. MISC. No.61783 of 2019(2) dt.27-11-2019 2/2 apprehended, who stated that the petitioner hired co-accused Rajeev Bhagat for killing Rupam Kumari.

It is submitted by learned counsel for the petitioner that except the statement of the co-accused, there is nothing on record to suggest the complicity of the petitioner. In fact, no injury was caused to Rupam Kumari and investigation has already been concluded.

Learned counsel for the informant submits that the investigation suggests, particularly, the statement of co-accused Murari Choudhary that Rs.50,000/- was given as advance to the hired killer for killing Rupam Kumari.

Considering the circumstantial nature of accusation coupled with the fact that the investigation has already been concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Sahebpur Kamal P.S. Case No. 239 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T