Patna High CourtCR. MISC./56850/2018bail granted

Sanjay Kushwaha @ Sanjay Kumar v. The State Of Bihar

2018-09-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56850 of 2018 Arising Out of PS.Case No. -136 Year- 2016 Thana -RAJEPUR District- EASTCHAMPARAN (MOTIHARI) ====================================================== Sanjay Kushwaha @ Sanjay Kumar, S/o Sitaram Bhagat @ Sitaram Prasad, R/o Vill.- Paigamberpur, P.S.- Siwaipatti, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Rajepur P.S. Case No.136 of 2016 instituted for the offence under Section(s) 341, 342, 323, 324, 307, 364A and 120-B Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the First Information Report. The name of this petitioner has come in the confessional statement of co-accused namely Manoj Kumar Kushwaha and Vikash Kumar @ Vicky, in paragraph Nos. 41, 42of the case diary and Daroga Prasad, and Rajmangal Sah in para 43 of the case diary, which also finds mention in the impugned order.

It has been submitted that others co-accused with

Patna High Court Cr.Misc. No.56850 of 2018 (2) dt.28-09-2018 2/2 similar allegation have already been granted bail by this Court vide order dated 11.04.2017 in Cr. Misc. No.8820 of 2017, order dated 21.03.2017 in Cr. Misc. No.7885 of 2017, order dated 23.11.2017 in Cr. Misc. No.52958 of 2017 and by co-ordinate Bench of this Court vide order dated 07.02.2017 in Cr. Misc. No.5576 of 2017.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 Sub-Divisional Judicial Magistrate, Sadar at Motihari, East Champaran, in connection with Rajepur P.S. Case No.136 of 2016, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) JA/- Rohit Kr.

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