Sanjeev Singh @ Sanjeev Kumar vs The State Of Bihar
2021 Latest Caselaw 18 Patna

        IN THE HIGH COURT OF JUDICATURE AT PATNA
                CRIMINAL MISCELLANEOUS No.31818 of 2020
         Arising Out of PS. Case No.-212 Year-2020 Thana- NAWADA District- Nawada
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Sanjeev Singh @ Sanjeev Kumar, aged about 36 years, Male, Son of Arvind Singh, Resident of Village- Panki, 63, P.S.- Silao, District- Nalanda at Biharsharif.

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

   For the Petitioner/s    :        Dr. Amrendra Kumar, Advocate
   For the State           :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 04-01-2021

Heard Dr. Amrendra Kumar, learned counsel for the

petitioner and Mr. Md. Arif, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with

Nawada (Town) Case No.212 of 2020 dated 05.03.2020,

instituted under Sections 395, 397 of the Indian Penal Code and

25(1-b)a, 26, 27 of the Arms Act, 1959.

3. The allegation against the petitioner, though not

named in the FIR, is that he along with 6-7 persons having

pistol, revolver and other deadly weapons, entered the house of

the informant while the inmates were sleeping and snatching

gold chain, earrings, other ornaments and rupees four lakhs cash

after breaking the almirah and also mobile phone etc.

4. Learned counsel for the petitioner submitted that Patna High Court CR. MISC. No.31818 of 2020 dt.04-01-2021

the petitioner besides being not named in the FIR has been

implicated only on the basis of confessional statement of named

accused Sonu alias Md. Zafar due to personal grudge. Learned

counsel submitted that no recovery has been made from the

petitioner and though he has been identified in Test

Identification Parade (TIP), the same has been done more than

three months after his arrest and, that too, after he was produced

in the Court on, at least, five occasions, thus, rendering the TIP

meaningless. Learned counsel submitted that though there are

three other cases against the petitioner, but all are arising out of

family dispute. It was further submitted that the petitioner is in

custody since 06.03.2020.

5. Learned APP submitted that named accused Sonu

alias Md. Zafar and another accused, Prem Kumar, have taken

the name of the petitioner also as their accomplice.

6. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, let

the petitioner be released on bail upon furnishing bail bonds of

Rs.25,000/- (twenty five thousand) each with two sureties of the

like amount each to the satisfaction of the Chief Judicial

Magistrate, Nawada, in Nawada Town PS Case No.212 of 2020,

subject to the conditions (i) that one of the bailors shall be a Patna High Court CR. MISC. No.31818 of 2020 dt.04-01-2021

close relative of the petitioner, (ii) that the petitioner and the

bailors shall execute bond with regard to good behaviour of the

petitioner, and (iii) that the petitioner shall also give an

undertaking to the Court that he shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being

absent on two consecutive dates, without sufficient cause, shall

also lead to cancellation of his bail bonds.

7. However, this order is subject to the main

application supported by affidavit being e filed in this Court by

learned counsel for the petitioner latest by day after tomorrow.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T