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Patna High CourtCR. MISC./73891/2022allowed

Sanjay Kumar @ Sanjay Ram v. The State Of Bihar

2023-02-03Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73384 of 2022 Arising Out of PS. Case No.-34 Year-2022 Thana- SASARAM RAIL P.S. District- Gaya ====================================================== PRADEEP KUMAR Son of Satyanarayan Ram R/v- Rasulpur Karmhari, P.S.- Mohania, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 73891 of 2022 Arising Out of PS. Case No.-34 Year-2022 Thana- SASARAM RAIL P.S. District- Gaya ====================================================== SANJAY KUMAR @ SANJAY RAM Son of Ramadhar Ram R/v- Rasulpur Karmhari, P.S.- Mohania, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 73384 of 2022) For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Anand Kishore Choudhary (In CRIMINAL MISCELLANEOUS No. 73891 of 2022) For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-02-2023 Heard the parties.

As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

The petitioners apprehend their arrest in a case registered

Patna High Court CR. MISC. No.73384 of 2022(2) dt.03-02-2023 2/3 for the offence punishable under sections 302, 201/34 of the Indian Penal Code.

The allegation against the petitioners is that they killed the sister of the informant and kept the dead body near Bhabhua G.R.P. Railway, western railway.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The petitioners are not named in the FIR and during investigation, they have been made accused in the present case. He further submits that similarly situated coaccused has been granted bail by a co-ordinate bench of this Court vide order dated 23.11.2022 passed in Cr. Misc. No.52802 of 2022. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond

Patna High Court CR. MISC. No.73384 of 2022(2) dt.03-02-2023 3/3 of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Rail Sasaram P.S. Case No.34 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T