Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79594 of 2024 Arising Out of PS. Case No.-197 Year-2024 Thana- PUNPUN District- Patna ====================================================== RAJEEV RANJAN @ RAJIV RANJAN KUMAR @ BADAL S/O NAVAL KISHORE SINGH R/o vill - Akhbarpur, P.S. - Naubatpur, Distt- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 82918 of 2024 Arising Out of PS. Case No.-197 Year-2024 Thana- PUNPUN District- Patna ====================================================== Sanjay Kumar Son of Surya Dayal Yadav @ Suryadayal Ray Residence of Village- Akhabarpur, P.S.- Naubatpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 84379 of 2024 Arising Out of PS. Case No.-197 Year-2024 Thana- PUNPUN District- Patna ====================================================== AMOD KUMAR SON OF DILIP BHAGAT @ BIRIBHAGAT RESIDENT OF VILLAGE- AKBARPUR/AKWARPAR, SORANGPUR, P.S.- NAUBATPUR, DISTRICT- PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 79594 of 2024) For the Petitioner/s :
Mr. Abhijeet Gautam, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP For the Informant :
Mr. Saroj Kumar, Advocate (In CRIMINAL MISCELLANEOUS No. 82918 of 2024) For the Petitioner/s :
Mr. Akshay Kumar, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP For the Informant :
Mr. Saroj Kumar, Advocate (In CRIMINAL MISCELLANEOUS No. 84379 of 2024) For the Petitioner/s :
Mr. Saurav Kumar Suman, Advocate
2/4 For the Opposite Party/s :
Mr. Suman Kumari Singh, APP For the Informant :
Mr. Saroj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-02-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. Perused the case diary.
2. The petitioners seek bail in connection with Punpun P.S. Case No. 197 of 2024 instituted for the offences under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Accusation against the accused persons is of commission of murder of the cousin of the informant.
4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner, namely, Rajeev Ranjan @ Rajiv Ranjan Kumar @ Badal has transpired in this case during investigation only on the basis of confessional statement of the co-accused Sunny Kumar, the name of petitioner namely Amod Kumar has transpired in this case at the instance of his enemies whereas that of the petitioner namely Sanjay Kumar has transpired in this case on the basis of money transaction that took place between the deceased and the petitioner. Learned counsel further submitted that there is no material against the petitioners to show the involvement of
3/4 petitioners in the alleged occurrence. It is next submitted that petitioners namely, Rajeev Ranjan @ Rajiv Ranjan Kumar @ Badal and Sanjay Kumar are in custody since 31.07.2024 whereas petitioner namely Amod Kumar is in custody since 19.07.2024.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioners. Learned APP further submitted that as per paragraph no. 126 of the case diary, co-accused Sunny Kumar in his confessional statement submitted that he along with two other co-accused committed the murder of the deceased by giving knife blow to him.
6. Considering the aforesaid facts and circumstances of the case, there being no material against the petitioners to show their involvement in the commission of murder of the deceased, as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Punpun P.S. Case No. 197 of 2024, subject to the following conditions:
4/4 (I) One of the bailors shall be own/close member of the family of the petitioners.
(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.
(III) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) Alok Verma/- U T