Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1593 of 2023 Arising Out of PS. Case No.-930 Year-2022 Thana- DANAPUR District- Patna ====================================================== SANJAY KUMAR SINGH S/O Late Krishna Ram Singh R/O Gosai Tola, R.D- Hotal Lane, P.S- Patliputra, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Srivastava, Sr. Advocate Ms. Anjum Perveen, Advocate For the Opposite Party/s :

Mrs. Rina Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-06-2023 Heard Mr. Amit Srivastava, learned senior counsel for the petitioner assisted by Ms. Anjum Perveen, Advocate and Mrs. Rina Sinha, learnedAdditional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 31.08.2022 in connection with Danapur P.S. Case No. 930 of 2022, F.I.R. dated 30.08.2022 for the offences punishable under Section 366 of the Indian Penal Code.

According to prosecution case, in brief, is that one Sukanya Prakash filed a written report on 30.08.2022 alleging therein that she along with her brother Nawnit Prakash were alone in their house. In the meantime, Rajnish and Ravnak came in her house and lifted her brother and went away at 5 P.M. on 29.08.2022. It is further alleged that one lady Manisha got Rs.15

Patna High Court CR. MISC. No.1593 of 2023(3) dt.19-06-2023 2/3 lacs with the help of my father in which Rajnish @ Abhishek, Sanjay, Ravi and Raunak became guarantor of their own free will and Manisha gave Rs.7 lacs to the borrower withholding rest of the money. Thereafter, the said lady handed over a cheque of Rs.11 lacs. The accused lifted Nawnit Prakash for getting no rest money.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.. He further submits that the victim was recovered and his statement was recorded under Section 164 of Cr.P.C. in which he has not stated anything against the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 31.08.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.1593 of 2023(3) dt.19-06-2023 3/3 the like amount each to the satisfaction of the learned A.C.J.M.- I, Danapur in connection with Danapur P.S. Case No. 930 of 2022, subject to 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 on 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T