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Patna High CourtCR. MISC./81473/2023bail granted

Sanjay Singh v. The State Of Bihar

2024-02-27Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81473 of 2023 Arising Out of PS. Case No.-16 Year-2021 Thana- BAHADURPUR District- Darbhanga ====================================================== Sanjay Singh, asged about 42 years, Male, Son Of Ram Sewak Singh, R/O Village- Andama, P.S.- Bahadurpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-02-2024 Let the defect/s as pointed out by the Stamp Reporter be ignored.

2. Heard learned counsel appearing on behalf of the parties.

3. The petitioner seeks bail in connection with Bahadurpur (Fekla O.P.) P.S. Case No.16 of 2021 registered for the offence under Sections 363 and 365 of the Indian Penal Code and later on 302 and 201 of the IPC has also been added. 4.

As per the prosecution case, the son of the informant was not found anywhere and his mobile phone was switched off and after searching the son of the informant, he could not be found and thereafter a case was registered. 5.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.81473 of 2023(3) dt.27-02-2024 2/3 petitioner submits that petitioner has falsely been implicated in this case and the petitioner is not named in the FIR. Petitioner is in custody since 09.03.2023.

6.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 7.

On perusal of the first information report and impugned order dated 29.08.2023, it appears that the co-accused Rajnath Singh has been granted bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 5957 of 2022 and also mentions in the impugned order that the name of the petitioner surfaced from his confessional statement and no other material against the petitioner. The other co-accused, namely, Chintu Singh, Rajnath Singh, Navin Kumar and and Manoj Kumar have also been granted bail by Co-ordinate Bench of this Court as mentioned in the impugned order, in these circumstances, I am inclined to grant bail to the petitioner. Accordingly, let the petitioner, above named, is directed to be released on bail in connection with Bahadurpur (Fekla O.P.) P.S. Case No.16 of 2021 arising out of Sessions Trial No. 314 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Darbhanga with following condi-

Patna High Court CR. MISC. No.81473 of 2023(3) dt.27-02-2024 3/3 tions:- "(i) Accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents. (ii) That one of the bailors shall be wife of the petitioner and deponent of the present bail petition." (Ramesh Chand Malviya, J) Brajesh Kumar/- U T