Sitaram Sampat Jadhav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4607 of 2020 Arising Out of PS. Case No.-308 Year-2019 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== SITARAM SAMPAT JADHAV Son of Sampatrao Jadhav Resident of Village - Khanapur, P.S.- Khanapur, Distt - Sangali, Maharashtra, at present R/o Hatta (in the house of Bharat Seth), P.S.- Chainpur, Distt - Kaimur at Bhabua. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tribhuwan Narayan For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-01-2020 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 279, 304(A), of the Indian Penal Code but later on Sections 302, 301, 392, 411, 328/34 of IPC were also added.
Allegation is that son of informant was run-over from Bolero vehicle and it was shown to be a case of accident, however, during investigation, it was found to be a case of murder in which criminal conspiracy was hatched by accused Ram Jatan Bind, Shyam Narayan Bind, Pradeep Seth, Rajan Keshari and mobile, cash and ornaments of deceased were looted and thereafter he was run-over by bolero vehicle. Looted articles were recovered from possession of Pintu Keshari who confessed of selling the looted ornaments to Pradeep Seth, owner of a jewellery shop. Allegation against the petitioner is
Patna High Court CR. MISC. No.4607 of 2020(2) dt.23-01-2020 2/3 that he melted looted ornaments.
It has been submitted that petitioner is innocent and has committed no offence and there is no allegation or any material suggesting his involvement in the alleged murder of son of informant. Allegation against him is of melting the looted ornaments which was given to him by owner of a jewellery shop. Petitioner was not aware that same were looted jewellery. Petitioner has got no criminal antecedent and is in custody since 21.11.2019.
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/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kudra P.S. Case No. 308 of 2019 with following conditions:- (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 shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,
Patna High Court CR. MISC. No.4607 of 2020(2) dt.23-01-2020 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T