Allowed

Sanjeet Kumar @ Sanjeet Yadav v. The State of Bihar

Patna HC15 Mar 2023CR. MISC./6252/2023

Case brief

AI extract

What is this about?

In a bail application in a criminal case involving offences under the IPC including murder and attempt to murder, the High Court granted bail to the petitioner despite a prior rejection, directing the trial court to expedite proceedings due to the case's lack of progress. Bail was granted subject to standard conditions regarding conduct and antecedents.

What did the court decide?

Petitioner released on bail of Rs. 10,000 with two sureties of like amounts, subject to conditions regarding court attendance, conduct, and verification of antecedents.

Sanjeet Kumar @ Sanjeet Yadav Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6252 of 2023

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Arising Out of PS. Case No.-251 Year-2018 Thana- KONCH District- Gaya

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======================================================

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SANJEET KUMAR @ SANJEET YADAV S/O KRISHNA YADAV Resident of Village- Tarari, Tola- Daulatpur, P.S.- Konch, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar No.2, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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3 15-03-2023

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Heard learned counsel for the petitioner and the learned A.P.P. for the State.

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The petitioner seeks bail in a case registered for the offence under Sections 147, 148, 149, 341, 324, 326, 323, 504, 307 and 302 of the Indian Penal Code.

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The informant in her fardbeyan has alleged that while she was sitting along with her family members, nine accused persons variously armed with lathi, danda, garasa, farsa assaulted her family members due to which they sustained injuries.

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Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He

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Patna High Court CR. MISC. No.6252 of 2023(3) dt.15-03-2023 2/4

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further submits that earlier the prayer for bail of this petitioner has been rejected vide order dated 04.02.2020 passed in Cr. Misc. No. 6065 of 2020 by a co-ordinate Bench of this Court. While rejecting the prayer for bail of this petitioner, the Court observed that;

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“However, since he is in custody for about 1 years, learned Trial Court is directed to expedite the commitment proceeding and if commitment has already been made, it is directed to expedite the trial.”

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A report with regard to present stage of the trial has been called for by this Court vide order dated 25.01.2023 which has been received and forms part of this application at Flag-6P. On perusal thereof, it would reveal that charge has been framed on 20.10.2022 against the petitioner and till date no prosecution witness has been examined.

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Learned counsel appearing for the petitioner referring to the aforesaid report submits that the trial of this case is not likely to be concluded in near future as the trial has got no substantial progress. Hence, the petitioner may be enlarged on bail as he has been languishing in judicial custody since 21.02.2019 i.e. almost four years.

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Patna High Court CR. MISC. No.6252 of 2023(3) dt.15-03-2023 3/4

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Learned A.P.P. for the State has opposed the prayer

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for bail of the petitioner.

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Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No. 504 of 2022 arising out of Konch P.S. Case No. 251 of 2018 with the following conditions:-

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(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

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(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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And, further condition that 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

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Patna High Court CR. MISC. No.6252 of 2023(3) dt.15-03-2023 4/4

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criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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brajesh/-

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U T

Sanjeet Kumar @ Sanjeet Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sanjeet Kumar @ Sanjeet Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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