Sanjeev Kumar Kushwaha @ Sanjeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68905 of 2022 Arising Out of PS. Case No.-201 Year-2021 Thana- TARIYANI CHOWK District- Sheohar ====================================================== SANJEEV KUMAR KUSHWAHA @ SANJEEV KUMAR Son of Late Lakhindra Prasad Kushwaha @ Lakhi Chandra Prasad Khushwaha Resident of village - Sumhuti, P.S.- Tariyani, District - Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar For the Opposite Party/s :
Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code and u/s 27 of Arms Act.
3. As per the prosecution case, this petitioner along with other accused persons killed the son of the informant.
4. Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. There is no eye witness of the occurrence. The name of petitioner transpired in this case during the course of investigation in the confessional statement of co-accused and only material that has come against this petitioner during the course of investigation is that there was land dispute between this petitioner and the deceased and
Patna High Court CR. MISC. No.68905 of 2022(5) dt.18-07-2023 2/2 except that there is no material to suggest the complicity of this petitioner in the aforesaid crime. Petitioner claims clean antecedent.
5. Learned counsel appearing for the State opposes the prayer for anticipatory bail.
6. Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-II, Sheohar in connection with Tariyani PS case No. 201/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C.
(Prabhat Kumar Singh, J) BKS/- U T