Shatrudhan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6707 of 2024 Arising Out of PS. Case No.-289 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Shatrudhan Singh Son of Prabhunath Singh @ Prabhu Ray R/o vill - Parmanpatti, P.S. - Mirganj, Distt. - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brajesh Kumar Singh,Advocate For the Opposite Party/s :
Mr.Choubey Jawahar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-02-2024 Heard Mr.Brajesh Kumar Singh, learned counsel for the petitioner and Mr.Choubey Jawahar, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Mirganj P.S.Case No.289 of 2023,FIR dated 28.07.2023 registered for the offences punishable under Sections 413,414,420,467,468 and 471/34 of IPC.
3. According to prosecution case, several stolen motorcycles were recovered from possession of the petitioner and other co-accused persons.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on the basis of the disclosure made by other co-accused persons, namely, Sonu Kumar Yadav, Sonu Kumar and Arjun Singh.
Patna High Court CR. MISC. No.6707 of 2024(2) dt.17-02-2024 2/3 Learned counsel for the petitioner submits that except the aforesaid, no other cogent material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence.
5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one but fairly submits that out of three cases, the petitioner is on bail in two cases, and one rest case, petitioner has been acquitted by the learned court below itself, as mentioned in para-3 of the anticipatory bail petition.
6. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 Chief Judicial Magistrate, Gopalganj in connection with Mirganj P.S.Case No.289 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.6707 of 2024(2) dt.17-02-2024 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that 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/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T