Sanjit Kumar @ Sanjit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1053 of 2020 Arising Out of PS. Case No.-300 Year-2019 Thana- BYPASS District- Patna ====================================================== Sanjit Kumar @ Sanjit Kumar Singh Son of Late Raj Kumar Ray Resident of Village - Ranipur Paijawa, P.S.- Bypass, Distt - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar, Advocate For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2020 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Bypass P.S. Case No. 300 of 2019, registered for the offence punishable under Sections 302, 506, 120(B) and 34 of the Indian Penal Code.

It is alleged that petitioner along with two other accused persons namely, Rakesh Kumar and Sudhir Kumar caught hold of the Informant's son namely, Ravi Ranjan (deceased) and Naulakh Kumar shot fire upon the deceased Ravi Ranjan.

It is submitted that petitioner has falsely been implicated in this case due to village politics. Specific allegation of firing upon the deceased is against co-accused Naulakh. Accusation against this petitioner is highly

Patna High Court CR. MISC. No.1053 of 2020(2) dt.24-02-2020 2/3 improbable. Entire family members have been falsely made accused in this case. In fact, petitioner was not present at the place of occurrence, he was at his Dhaba at the time of occurrence. Petitioner has got clean antecedent. Considering the facts aforesaid, the petitioner abovenamed in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IV, Patnacity, Patna in connection with Bypass P.S. Case No.

300 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty

Patna High Court CR. MISC. No.1053 of 2020(2) dt.24-02-2020 3/3 to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T