Sanjeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1312 of 2025 Arising Out of PS. Case No.-176 Year-2024 Thana- SAMASTIPUR District- Samastipur ====================================================== Sanjeev Kumar S/o- Sanjeet Paswan @ Sanjit Paswan Resident of VillageBahadurpur Hasanpur PS-Samastipur Town District-Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Samastipur Town P.S. Case No. 176 of 2024, instituted for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 76 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, the petitioner along with other co-accused persons assaulted brother of the informant at the instigation of his sister-in-law, Najhat Praveen. It is further alleged that the accused persons intruded in his house and outraged the modesty of his sister-in-law, Rehana and also threatened her.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.1312 of 2025(3) dt.08-04-2025 2/2 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is delay of one week in lodging the FIR. The petitioner was not present in his village on the alleged date of occurrence. It is further submitted that the injury received by the injured is simple in nature. The petitioner is in custody since 22.10.2024 and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Samastipur Town P.S. Case No. 176 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T