Sandip Kumar @ Sandeep Kumar @ Sandip Sah Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Sandip Kumar @ Sandeep Kumar @ Sandip Sah Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Sadar at Motihari, East Champaran in connection with Keshariya P.S. Case No. 598 of 2023, with condition that the petitioner shall cooperate with the trial and make himself available as and when required by the court.

Issue for consideration

Whether the petitioner, whose earlier bail prayer was rejected by the common order dated 13-08-2024, is entitled to be released on bail on parity with co-accused Avishal Kumar, who stood on the same footing but has since been granted bail in Cr. Misc. No. 6150 of 2025.

Court's answer

The petitioner stands on similar footing to co-accused Avishal Kumar, whose bail prayer was rejected by the same common order but who was subsequently granted bail by order dated 04-04-2025 in Cr. Misc. No. 6150 of 2025; on parity, the petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the condition that he shall cooperate with the trial and make himself available as and when required by the court.

Detailed headnote1 paragraphs

Bail — granted on parity — Petitioner's earlier bail prayer rejected by common order dated 13-08-2024 in Cr. Misc. No. 35889 of 2024 along with co-accused Avishal Kumar; co-accused Avishal Kumar subsequently granted bail by order dated 04-04-2025 in Cr. Misc. No. 6150 of 2025, and co-accused Aman Kumar had been granted anticipatory bail on 11-09-2024 in Cr. Misc. No. 59494 of 2024; petitioner shown to be on similar footing to Avishal Kumar; held, petitioner to 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 Judicial Magistrate-Ist Class, Sadar at Motihari, East Champaran, in connection with Keshariya P.S. Case No. 598 of 2023, subject to condition of cooperation with the trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34569 of 2025

Arising Out of PS. Case No.-598 Year-2023 Thana- KESARIA District- East Champaran

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

Sandip Kumar @ Sandeep Kumar @ Sandip Sah Son of Muni Lal Sah Resident of village - Hajipur Siswa Patna, Ps- Kesariya, Dist- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

2 04-07-2025

Heard learned counsel for the petitioner and learned APP for the State.

Earlier prayer for bail of the petitioner was rejected by a detailed order dated 13-08-2024 passed in Cr. Misc. No. 35889 of 2024.

It has been submitted on behalf of the petitioner that earlier the prayer for bail of the petitioner and the coaccused Avishal Kumar was rejected by common order dated 13-08-2024 passed in Cr. Misc. No. 35889 of 2024 and its analogous case. Thereafter, one co-accused Aman Kumar has been granted anticipatory bail by a Coordinate Bench of this court by order dated 11-09-2024 passed in Cr. Misc. No. 59494 of 2024 and the co-accused Avishal Kumar whose prayer for

Patna High Court CR. MISC. No.34569 of 2025(2) dt.04-07-2025 2/2

bail was earlier rejected by the common order with this petitioner, has already been granted bail by order dated 04-042025 by order dated 6150 of 2025. The present petitioner is on similar footing to co-accused, Avishal Kumar.

Learned APP has opposed the prayer for bail.

Considering the fact that the co-accused whose prayer for bail was rejected by common order with this petitioner has already been granted bail by order dated 04-042025 in Cr. Misc. No. 6150 of 2025 and, the case of this petitioner stands on similar footing to that of said Avishal Kumar, let the petitioner named above, 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 Judicial Magistrate-Ist Class, Sadar at Motihari, East Champaran in connection with Keshariya P.S. Case No. 598 of 2023 with condition that the petitioner shall cooperate with the trial of the case and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J)

A.K.V.//-

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