Sanjay Singh @ Sanjay Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3525 of 2025 Arising Out of PS. Case No.-74 Year-2024 Thana- PIPRIYA District- Lakhisarai ====================================================== Sanjay Singh @ Sanjay Sharma, Son of Late Munni Singh @ Muna Singh @ Bhuna Singh, Resident of Village -Mohanpur PS-Pipariya District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Pipariya P.S. Case No. 74 of 2024 registered for the offences punishable under Sections 329(1), 324(2), 352, 3(5) of the B.N.S. and Sections 25(1-b)a, 26, 35 and 27 of the Arms Act.
3. Allegedly, on account of a dispute in relation to parking of bike in the street, all the FIR named accused persons, including the petitioner entered into the house of the informant and started hurling abuse. It is further alleged that the accused persons damaged the boxes of the informant by bricks and stones and made indiscriminate firing.
4. Learned counsel for the petitioner referring to the
Patna High Court CR. MISC. No.3525 of 2025(2) dt.05-02-2025 2/3 FIR contended that apart from the omnibus nature of allegation against all the FIR named accused persons, it is the admitted position that none of the person sustained any injury in the crime in question. The alleged occurrence took place on 02.08.2024 but the FIR has been instituted on 04.08.2024 and the delay has not been explained. It is next contended that be that as it may, now the petitioner has been incarcerated since 10.09.2024. The investigation of the crime is complete and the charge-sheet has been submitted.
5. On the other hand, learned counsel for the State vehemently opposed the bail application and submitted that the petitioner has actively participated in the crime and made indiscriminate firing.
6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation, coupled with the fact that none has sustained injury and now the investigation of the crime is complete and the charge-sheet has been submitted, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Pipariya P.S. Case No. 74 of
Patna High Court CR. MISC. No.3525 of 2025(2) dt.05-02-2025 3/3 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) 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 immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J) rohit/- U T