Sanjeev Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5098 of 2018 Arising Out of PS.Case No. -306 Year- 2016 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sanjeev Patel, S/o Lalbabu Patel, resident of Mohalla- Rajguru Chowk, (Kurmi Tola), P.S.- Bettiah Town, District- West Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 17.06.2016 in connection with Bettiah Town P.S. Case No.306 of 2016 for offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, as lodged by the informant, is that his servant Shyamdeo Giri was found in the early morning dead who was shot by firearm on his head. Accordingly, F.I.R. was registered against unknown.

It has been submitted by the learned counsel for the petitioner that he is innocent and his name surfaced on the confessional statement of co-accused Kunal Thakur who has since

Patna High Court Cr.Misc. No.5098 of 2018 (3) dt.20-02-2018 2/2 been granted the privilege of bail by a co-ordinate Bench of this Court in Cr. Misc. No. 48777 of 2017 vide order dated 01.12.2017. He submits that there is no eye witness to the alleged occurrence, other co-accused also have been granted the privilege of bail by a coordinate Bench of this Court and charge-sheet has already been submitted. The petitioner is languishing in judicial custody since more than 1 1⁄2 years.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Town P.S. Case No. 306 of 2016, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Devendra/- U T