Sanjay Basera @ Sanjay Besara v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64174 of 2019 Arising Out of PS. Case No.-754 Year-2018 Thana- DANAPUR District- Patna ====================================================== Sanjay Basera @ Sanjay Besara, Son of Late Mattal Besara, Resident of Village- Kala Shyampur, P.S.- Haveli Khargpur, Distrcit- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2020 Heard Learned Counsel for the parties.

Petitioner is an accused in a case registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code.

As per the F.I.R this petitioner was sleeping with the deceased inside the shop. In the next morning, informant went to shop and the knocked the gate and shutter but no reply came from inside. Thereafter information was given to the police whereupon police came and called to open gate and this petitioner was found to be injured condition and body of Sunil Kumar Marandi (deceased) was cut by sharp edge weapon. It is alleged that this petitioner along with Pappu Hasda committed the murder of the deceased.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. From the prosecution case itself it is apparent that this petitioner was found injured along with the deceased in the shop and sent to hospital by police. Petitioner is in custody since 29.10.2018. Petitioner has no criminal antecedent. Charge sheet has already

Patna High Court CR. MISC. No.64174 of 2019(4) dt.31-01-2020 2/2 been submitted in the case and there is no allegation of tempering with the evidence.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge 7th Danapur in Trial No. 826 of 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

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