Sanny Kumar Singh @ Sanny Singh Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23308 of 2024

Arising Out of PS. Case No.-95 Year-2013 Thana- PAKRIDAYAL District- East Champaran

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Sanny Kumar Singh @ Sanny Singh, Son of Umesh Prasad Singh, R/o Village- Banjariya, P.S.- Madhuban, District- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr.Shailendra Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 20-03-2024

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Heard learned counsel for the petitioner and learned

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APP for the State.

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In the present case, the petitioner seeks bail in connection with Pakaridayal P.S. Case No. 95 of 2013 registered on 22.07.2013 for the alleged offences under Sections 341, 323, 447, 307, 504, 506/34 of the Indian Penal Code.

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As per prosecution case, four miscreants on two motorcycles entered into the construction plant of the informant and two of them made inquiry about one Guddu Singh and when informant said that he was not available there, one of the miscreant drew out a pistol and fired upon the informant. The informant received injury in his chest and hand. While leaving the plant, the miscreants left a purcha of Azad Hind Fauj. The name of the petitioner transpired during investigation as one of

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Patna High Court CR. MISC. No.23308 of 2024(2) dt.20-03-2024 2/3

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the miscreants.

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The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is not named in the F.I.R. and the F.I.R. was lodged against four unknown persons. In the written report though the informant claimed that he could identify the miscreants but till date no Test Identification Parade was conducted by the police for identification of the miscreants. The petitioner has been dragged in this case on the basis of confessional statement of co-accused Manoj Singh. Except the confessional statement, no cogent material has come up against this petitioner. Finally, the police has submitted charge-sheet. The co-accused who named this petitioner, has been acquitted by the learned trial court. The petitioner is in custody since 05.12.2023. The petitioner is having criminal antecedents of sixteen cases.

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Learned APP for the State opposes the prayer for bail submitting that the petitioner is a member of Maoist organization.

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Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that there is no specific allegation against the petitioner for

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Patna High Court CR. MISC. No.23308 of 2024(2) dt.20-03-2024 3/3

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opening fire and also considering the lack of substantive material against the petitioner and further considering the period of custody of the petitioner along with submission of chargesheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran/court concerned in connection with Pakaridayal P.S. Case No. 95 of 2013 subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:

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(i) One of the bailors will be a close relative of the petitioner.

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(ii) The petitioner will remain present on each and every date fixed by the court below.

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(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

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(Arun Kumar Jha, J)

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V.K.Pandey/-

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U T

Sanny Kumar Singh @ Sanny Singh v. The State of Bihar

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Sanny Kumar Singh @ Sanny Singh v. The State of Bihar

Case brief

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