Satendra Kumar @ Satyendra Nat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3372 of 2025 Arising Out of PS. Case No.-211 Year-2024 Thana- KOPA District- Saran ====================================================== Satendra Kumar @ Satyendra Nat S/O Prabhu Nat R/O Village- Kopa, P.SKopa, Distt.- Saran, Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Mili Kumari, Adv.
For the Opposite Party/s :
Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-02-2025 Learned Advocate for the petitioner seeks permission to make necessary correction in paragraph no. 1 of the bail application.
2. Permission is accorded.
3. Let the necessary correction be done in course of the day.
4. Heard the learned Advocate for the petitioner and the learned APP for the State.
5. The petitioner seeks regular bail, who is in custody in connection with Kopa P.S. Case No. 211 of 2024, registered for the offence punishable under Sections 310(4) and 310(5) of the Bhartiya Nyaya Sanhita and Sections 25(1-b)a, 26 and 35 of the Arms Act.
6. The police on a tip of assemblage of miscreants
2/4 conducted raid in an orchard and apprehended five accused persons, who were trying to flee away on noticing the police party. In course of search, one country made pistol with loaded cartridge along with the motorcycle were recovered from coaccused Soharam Nat, whereas, one folded knife was also recovered from co-accused Hussain Nat.
7. Learned Advocate for the petitioner referring to the FIR and the search and seizure list contended that the alleged recovery has been from from the possession of co-accused Soharam Nat and co-accused Hussain Nat. So far the petitioner is concerned, there is no recovery of any incriminating material from his possession. In fact on the alleged date of occurrence, the petitioner was present just beside the place of occurrence and when the raid was conducted, he was apprehended by the police on suspicion. Only on account of one past criminal antecedent of identical nature, the name of the petitioner has been implicated in this case without there being any material, moreover, the petitioner has been incarcerated since 22.11.2024.
8. On the other hand, learned APP for the State vehemently opposes the bail application.
9. Regard being had to the submissions made on behalf of the parties and considering the fact that there is no
3/4 recovery of any incriminating material from the possession of the petitioner, coupled with the fact that the investigation of the crime is complete and the charge-sheet has been submitted, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Kopa P.S. Case No. 211 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) 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 criminal antecedent, the
4/4 court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J) shivank/- U T