Patna High CourtCR. MISC./71776/2024bail granted

Sanjiv Yadav @ Sanjiv Kumar @ Sanjeev Kumar v. The State Of Bihar

2024-12-19Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71776 of 2024 Arising Out of PS. Case No.-240 Year-2022 Thana- SALAKHUA District- Saharsa ====================================================== Sanjiv Yadav @ Sanjiv Kumar @ Sanjeev Kumar son of Subhash Yadav R/o village-Parrahi, ward no. 01, P.S.- Bakhtiyarpur (Balwa Hat O.P.), DistrictSaharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Renu Kumari , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2024 Heard learned counsels for the parties.

2. The petitioner seeks regular bail in a case registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code and 27 of the Arms Act.

3 . As per prosecution case , this petitioner along with other co-accused persons caught hold of the husband of the informant and thereafter other co-accused persons fired upon him due to which husband of the informant died.

4. Learned counsel for the petitioner submits that F.I.R., has been lodged after inordinate delay and there is no explanation for the same . Specific accusation of firing is against other co-accused persons. Petitioner is only alleged to have caught the husband of informant. Petitioner is in custody

Patna High Court CR. MISC. No.71776 of 2024(2) dt.19-12-2024 2/2 since 13.05.2024 . Chargesheet has already been submitted. 5 . Learned A.P.P. for the State vehemently opposed the bail application .

6. Considering the nature of accusation and period of custody, the bail application is allowed. 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 the learned District & Sessions Judge Saharsa in connection with S.T. No. 213 of 2024 arising out of Salkhua P. S. Case No. 240 of 2022 .

(Prabhat Kumar Singh, J) Koushik/- U T