Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80866 of 2019 Arising Out of PS. Case No.-238 Year-2019 Thana- SONBERSA District- Sitamarhi ====================================================== SANJAY SINGH Son of Ramnaresh Singh Resident of Village - Janaki Nagar, P.S.- Sonbarsa, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 324, 447, 307, 379, 504, 506/34 of the Indian Penal Code.

Informant has alleged that his father is a PDS dealer and on 29.10.2019 while he was distributing food-grains to the ration card holders, accused persons as named in the FIR including the petitioner armed with danda and knife came there and started abusing and assaulting informant's father and when he came to rescue him, he was also assaulted and abused by FIR named accused. It has further been alleged that they took away Rs.27,000/- from the shop.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to

Patna High Court CR. MISC. No.80866 of 2019(2) dt.16-01-2020 2/2 animosity and rivalry. The injury report of informant has been enclosed as Annexure 2 in which nature of injury has been found to be simple. It has further been submitted that father of the informant had sustained no injury. Petitioner has got no criminal antecedent and is in custody since 04.11.2019. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sonbarsa P.S. Case No. 238 of 2019, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

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

(S. Kumar, J) Sanjay/- U T