Sanjay Kumar vs State Of Bihar

The matter has been heard via video conferencing.

Heard Ms. Bela Singh, learned counsel for the petitioner and Mr. Damodar Prasad Tiwary, learned Additional Public Prosecutor (hereinafter

referred to as the ‘APP’) for the State.

This is the second attempt for bail by the petitioner as earlier such prayer was rejected by order dated 07.01.2020 passed in Cr. Misc. No. 82749 of

2019.

The petitioner is in custody in connection with Saraiya PS Case No. 438 of 2018 dated 24.09.2018, instituted under Sections 25(1-B)(a)/26 of the

Arms Act, 1959.

The allegation against the petitioner is that he was arrested in Saraiya PS Case No. 436 of 2018 dated 24.09.2018 instituted under Sections

302/120B/34 of the Indian Penal Code and 27 of the Arms Act, 1959 and on the basis of his confessional statement made in the said case, the firearm,

which is said to have been used in the present crime, was recovered from the place indicated by the petitioner.

Learned counsel for the petitioner submitted that the allegation of recovery of firearm is on the basis of information provided by the petitioner but no

recovery has been made from his conscious possession. It was submitted that till date charge has not been framed. It was further submitted that the

petitioner is in custody since 25.09.2018 in the present case.

Learned APP submitted that the petitioner is the person who fired on the deceased of Saraiya PS Case No. 436 of 2018 and on the information

provided by him, the police has also recovered the weapon. It was, thus, submitted that the petitioner is the main culprit who has committed the

murder.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court does not find any change

of circumstances to re-consider the prayer for bail of the petitioner.

Accordingly, the application stands dismissed.

However, the Court below shall expedite the trial forthwith.