Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7528 of 2023 Arising Out of PS. Case No.-374 Year-2020 Thana- GAYA KOTWALI District- Gaya ====================================================== Sanjay Kumar, S/O Amrit Yadav @ Amrit Prasad Yadav, R/O- Gola Bagicha, Gabra, P.S.- Gaya Kotwali, District- Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey- Advocate For the State :

Mr. Dilip Kumar No. 1- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The learned counsel for the petitioner submits that earlier the petitioner had filed an anticipatory bail application, but the same was withdrawn with liberty to the petitioner to file afresh by order dated 06.12.2022 in Cr. Misc. No.39051 of 2022.

As such, in terms of the liberty aforesaid, the present anticipatory bail application has been filed. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and is the brotherin-law of the deceased and the husband of the deceased has

Patna High Court CR. MISC. No.7528 of 2023(2) dt.08-02-2023 2/3 been acquitted in a duly constituted trial.

It is also submitted that though the case was instituted under Section 302/ 34 of the I.P.C., but the police after investigation, submitted charge-sheet under Section 306/ 34 of the I.P.C. It is next submitted that the motherin-law was granted anticipatory bail by order dated 11.02.2022 in Cr. Misc. No.47316 of 2021 by a learned Coordinate Bench and even the husband was granted regular bail by order dated 28.04.2022 in Cr. Misc. No.48375 of 2021, as such, petitioner also deserves the privilege of anticipatory bail.

The learned A.P.P. opposes the bail application. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Kotwali

Patna High Court CR. MISC. No.7528 of 2023(2) dt.08-02-2023 3/3 P. S. Case No.374 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T