Pritam Jaisaval v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.708 of 2020 Arising Out of PS. Case No.-316 Year-2018 Thana- SONO District- Jamui ====================================================== PRITAM JAISAVAL S/O- Dinesh Jaisaval R/O Vill- Balsara, P.S.- Rikhiya, Dist. - Deoghar (Jharkhand).

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

As prayed for on behalf of the petitioner, the petitioner is permitted to correct in paragraph No. 1 as "A.C.J.M 1st" instead of "A.D.J.M. IInd" as well as the name of police station as "Sono" in the prayer portion of this petition. Petitioner, who is in custody seeks bail in a case registered under Sections 414 of the Indian Penal Code and 25(1-B) 9, 26, 35 of the Arms Act.

Informant has alleged that on 26.11.2018 in the night he alongwith other associates were settling the accounts when four miscreants on two motorcycles came and started abusing and on the strength of arms looted Rs. 2 lacs and thereafter fled away on motorcycles having no registration number.

Patna High Court CR. MISC. No.708 of 2020(2) dt.20-01-2020 2/3 It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case and has been remanded in this case on 04.11.2019 and there is no recovery from his possession. He has been not put on TIP. Charge sheet has already been submitted and except the confessional statement made by co-accused there is no any other incriminating material against the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Sono P.S. Case No. 316 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail

Patna High Court CR. MISC. No.708 of 2020(2) dt.20-01-2020 3/3 bond.

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

(S. Kumar, J) veena/- U T