Sanjay Bind @ Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1281 of 2023 Arising Out of PS. Case No.-82 Year-2021 Thana- MARANCHI District- Patna ====================================================== Sanjay Bind @ Sanjay Singh S/O Kuso Singh R/V- Sitakundadih, P.S.- Mufassil, District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranvijay Singh, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail, who is in custody since 31.10.2022 in connection with Maranchi P.S. Case No. 82 of 2021, F.I.R. dated 12.08.2021 registered for the offence punishable under Sections 302,120(B) and 34 of IPC and Section 27 of Arms Act.

As per the FIR co-accused Ajay Nishad shot dead the father of informant and co-accused-Ram Sumit Bind @ Ram Subit Bind alleged to be presiding the meeting which was held at Bhola Baba Sthan two days prior to the alleged occurrence.

Learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.1281 of 2023(3) dt.05-07-2023 2/3 submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Petitioner is not named in the FIR. The name of the petitioner has come during investigation on the basis of the statement of the witnesses. Further submits that it has come during investigaiton that there is no acquisition of any assault against the petitioner in any manner. Further submits that the petitioner and other coaccused persons have instigated the co-accused, namely, Ram Sumit Bind @ Ram Subit Bind, who lead the Panchayati, has been granted bail by a Coordinate Bench of this Hon'ble Court vide order dated 01.08.2022 passed in Cr. Misc. No.5692 of 2022 and the police has submitted the chargesheet against the petitioner and the petitioner is in custody since 31.10.2022.

Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh, Patna in connection with Maranchi P.S. Case No. 82 of 2021,with the following conditions:-

Patna High Court CR. MISC. No.1281 of 2023(3) dt.05-07-2023 3/3

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T