Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79314 of 2024 Arising Out of PS. Case No.-305 Year-2024 Thana- DANAPUR District- Patna ====================================================== 1.
Sanjay Kumar S/O Duniya Rai R/o Village- Suarmarwa, P.S - Maner, District - Patna.
2.
Bhim Rai S/O Deo Prasad Rai R/o Village- Suarmarwa, P.S - Maner, District - Patna.
3.
Devi Lal S/O Rishidev Rai R/o Village- Suarmarwa, P.S - Maner, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ghanshyam Tiwary, Advocate For the Opposite Party/s :
Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-01-2025
1. Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners seek bail in connection with B.P. No. 917/2024 arising out of Danapur Case No. 305/2024 registered for the offence under Sections 419, 420,467, 468, 120(B)/ 34 of the Indian Penal Code.
3. The accused/petitioners are named in the F.I.R. and are in custody since 03.09.2024.
4. The allegation against the petitioners as
2/4 appears from the narration of FIR that they prepared collectively forged documents in favour of release of their tractors.
5. Learned Counsel appearing on behalf of the petitioners submitted that from annexure of FIR, which is the part of letter no. 2978 dated 23.03.2024 as issued from the office of District Transport Officer, Patna, these petitioners appears prima facie owner of the tractors which were asked to release. It is submitted that during the course of investigation, thrust of allegation as to create false letter surfaced against co-accused Pawan Kumar, who said to be an advocate clerk, who has been granted anticipatory bail by the learned trial court itself through A.B.P. No. 2401 of 2024 granted by the learned A.D.J.-V, Danapur. It is pointed out that even the forged documents appears to be a matter of internal communication which was not produced by these petitioners before the authorities concerned and, therefore, their implication with present case appears non-convincing.
While concluding the argument, it is submitted that
3/4 petitioners are men of clean antecedents and, moreover, investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP, opposes the prayer of bail.
7. Considering the facts and circumstances and by taking note of fact as during investigation thrust of allegation appears available against coaccused Pawan Kumar, who has already granted anticipatory bail by learned trial court itself, coupled with the fact that investigation of this case is already completed, where petitioners are in custody since 03.09.2024 accordingly, all petitioners above named, are directed to be released on bail in connection with B.P. No. 917/2024 arising out of Danapur Case No. 305/2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Danapur, Patna/concerned Court, subject to the conditions as mentioned under Section
4/4 437(3) of the Cr.P.C. /Section 480(3) of BNSS. (Chandra Shekhar Jha, J) veena/- U T