Sanjeev Kumar @ Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81276 of 2023 Arising Out of PS. Case No.-126 Year-2019 Thana- SILAO District- Nalanda ====================================================== Sanjeev Kumar @ Prem Kumar Son Of Late Shivdani Singh @ Karu Singh Resident Of Village - Ghostawan, P.S. - Silao, District - Nalanda ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dr. Satyendra Kumar Srivastava For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

3. As per prosecution case, allegation against the accused persons including the petitioner is of committing murder of the father of the informant by pressing pillow on his face.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There was some dispute between the informant and co-accused Fantush Singh due to which this petitioner has falsely been implicated in this case. From perusals of FIR, no specific allegation of any

Patna High Court CR. MISC. No.81276 of 2023(2) dt.18-12-2023 2/2 overt act has been attributed against the petitioner. No one is eye-witnesses of the alleged occurrence. Moreover, similarly situated co-accused namely, Situ Kumar has already been granted bail by a co-ordinate Bench of this Court vide order dt. 31.7.2023 passed in Cr. Misc. No. 37276 of 2023 and in support of this Annexure-P/3 has been annexed with this petition. The petitioner is languishing in judicial custody since 26.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Silao P.S. Case No. 126 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Nalanda.

(Sunil Kumar Panwar, J) Amandeep/- U T