Sanjay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23584 of 2018 Arising Out of PS. Case No.-174 Year-2013 Thana- NABINAGAR District- Aurangabad ====================================================== Sanjay Singh, S/o Late Mukhan Singh, resident of village - Ganu, P.S. - Tandwa, District - Aurangabad (Bihar).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 25-06-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with S.Tr. No. 342-D/14/08/18 arising out of Nabinagar P.S.Case No. 174 of 2013 registered under Sections 147, 148, 149, 121A, 124A, 302, 353 and 427 of the Indian penal Code, Section 17 of the Criminal Law Amendment Act, Sections 3, 4 and 5 of the Explosive Substance Act and Sections 12, 16, 17, 18, 19 and 38 of the Unlawful Activities Prevention Act.

Allegation in brief is that a land mine fixed by the extremist group got exploded when police jeep was passing through and 08 police personnel lost their life. Submission is that petitioner's name, as per the FIR, transpired by the local people but there is not statement of any local people in the case diary disclosing name of the petitioner

Patna High Court Cr.Misc. No.23584 of 2018(4) dt.25-06-2018 2/2 as one of the participants in the commission of crime, however similarly situated other co-accused Bhagwat Ravidas and many others have been admitted to bail by co-ordinate Benches of this Court; moreover, petitioner has been in custody since 05.09.2016 and charge has been framed in the month of December, 2016, but till date not a prosecution witness has been examined.

Having considered the aforesaid facts and circumstances, the petitioner, namely , Sanjay Singh, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-IV, Aurangabad in connection with S.Tr. No. 342-D/14/08/18 arising out of Nabinagar P.S. Case No. 174 of 2013 with condition that one of the bailor must be his close family member. Petitioner shall remain physically present on each and every date during trial and in case of failure on two consecutive dates without any reasonable cause, his bail bond shall be liable to be cancelled.

(Arun Kumar, J) sujit/- U T