Sanjay Kumar @ Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87869 of 2024 Arising Out of PS. Case No.-72 Year-2022 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Sanjay Kumar @ Sanjay Singh S/O Mahendra Singh Village- Bairiya, PSSahebganj, Dist.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sahebganj P.S. Case No. 72 of 2022 dated 03.03.2022 registered for the offences punishable under Sections 147, 148, 149, 302 and 120B of the Indian Penal Code and Section 25(1-B)(a), 26, 35 and 27 of the Arms Act.

3. As per the prosecution case, when the informant along with his father and others were fishing in the pond then the accused persons variously armed with deadly weapons came to the pond and started firing indiscriminately due to which they sustained injuries and they were brought to hospital where two

Patna High Court CR. MISC. No.87869 of 2024(5) dt.04-09-2025 2/3 of them were found dead.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation of firing against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. There is no specific allegation of assault against the petitioner. The coaccused person has already been granted bail by this Court vide order dated 24.07.2023 passed in Cr. Misc. No. 39877 of 2023. The petitioner has one criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 27.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the petitioner has filed Special Leave Petition bearing SLP Cr. Diary No. 16334 of 2024 against the order dated 07.07.2023 passed in Cr. Misc. No. 28103/2023 before the Hon'ble Supreme Court, which was disposed of vide order dated 03.05.2024.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.87869 of 2024(5) dt.04-09-2025 3/3 the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Sahebganj P.S. Case No. 72 of 2022, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T